Bailey v. Turner

*857The opinion of the court was delivered by

Mason, J.:

Paul B. Bailey brings this proceeding asking a peremptory writ of mandamus requiring N. A. Turner, the state auditor, to approve his claim for services during March, 1921, as official reporter of a district court, and to issue him a warrant therefor. The defendant resists the order and justifies his action upon the ground that the plaintiff, being a nephew of the district judge, is disqualified from holding the office of reporter by the provisions of a statute which became effective March 2, 1921. The cause is submitted for a decision upon…