State ex rel. Lucas v. Thiele

This is an application to this court, in the exercise of its original jurisdiction, for a peremptory writ of mandamus* requiring the defendant, the clerk of the district court of Cuming county, to issue an order of sale upon a decree of foreclosure of a mortgage rendered in that court. The defendant in that action, desiring to remove the cause into the supreme court for review, caused the necessary transcript to be made and filed the same with the clerk of this court, and executed and filed with defendant a bond which was intended to perform the service of a supersedeas under the provisions…