Mays v. Winstead

This is an original proceeding wherein we have issued an alternative writ of mandate commanding defendant, as district judge, to fix the amount of a supersedeas undertaking in a case, appealed from his court, entitled B. F. Kloppenburg v. James W. Mays, C. P. Howes and F. L. Greene, or that he show cause for not doing so. Defendant answered the application for the writ and plaintiffs demurred to the answer on the ground that it did not state facts sufficient to constitute a defense, nor show cause for not fixing the amount of the undertaking.

Kloppenburg and Mays entered into a written…