Beatty v. Smith

The opinion of the court was delivered by

Smith, J.:

This is an original proceeding in mandamus. An alternative writ was allowed on the filing of the petition, and time was given the defendant to comply with the command or to show cause for not so doing. He elected to show cause, and filed an answer in which he admits the facts as stated in the petition and states other facts which he claims justify his refusal to comply with the demands of the plaintiff. In return the plaintiff filed a motion for a peremptory writ on the ground that the facts stated in the answer did not constitute any defense…