State ex rel. Nobes v. Wallichs

This is an application to this court, in the exercise of its original jurisdiction, by the warden of the penitentiary for a writ of mandamus to the state auditor to compel him to draw his warrant on the state treasury for the sum of $66.30, being the alleged expenses of returning two prisoners to the county jail of Adams county for retrial. To the application the respondent filed a general demurrer, upon the ground that the application fails to state facts sufficient to entitle the relator to the writ.

Section 514 of the criminal code makes it the duty of the warden of the penitentiary, in…