Board of Commissioners v. Cutler

Cutler applied to the La Grange Circuit Court, at the April term, 1853, for a rule against the appellants, requiring them to enter a judgment upon a claim which he had presented for services previously rendered as auditor of the county, or to show cause to the contrary at the next term. This was intended, no doubt, as a rule to show cause why a writ of mandamus should not issue, requiring them, &c. An affidavit, made by Frazier, the *7appellee’s counsel, which was the foundation of the proceeding, stated the filing in the auditor’s office of the plaintiff’s claim; that it was presented to the…