Diggs v. Lobsitz

The opinion of the court was delivered by

Bueeobd, J.:

This is an original action in this court, ■brought by the plaintiff to procure a peremptory writ of mandamus, compelling the defendant, as treasurer of the ■city of Perry, to pay a certain city warrant, of which the plaintiff alleges he is the owner. The alternative writ •and the return constitute the pleadings.

It appears from the alternative writ that the city of Perry is a city of the first class, under the laws of the Territory of Oklahoma, and has been since October, 1893. The defendant, Lobsitz, is the treasurer of the said city of…