State ex rel. Balma v. Evans

HORTON, Judge.

The appellant was the relator and the appellees were the respondents in the court below.

This is an appeal from an order quashing an alternative writ of mandamus. The relator had moved for a peremptory writ notwithstanding the return. The trial judge quashed the alternative writ, finding that the matters contained in the petition and alternative writ of mandamus were res judicata .and that the relator had been guilty of laches in not timely seeking relief. At oral argument, this court authorized the filing of supplemental briefs on the question of whether or not the order…