Hitchcock v. Humphreys

OPINION OP THE COURT BY

GALBRAITH, J.

A petition 'and application was presented to .this Court for a ■peremptory writ of mandamus against .the First Judge of the First Circuit Court commanding him to proceed with the hearing of a certain suit in equity remanded to him for further proceedings by order of this court. An order to show cause was issued returnable the first day of the present session. The respondent appeared and interposed a demurrer alleging that the petition does not state a cause of action.

It is alleged in the petition that the petitioners are the plaintiffs in a suit heard by…