State Ex Rel. Scott v. Dobson

The writer is unable to concur in the opinion of the majority for the reason that, in his opinion, where a party has a right of appeal, resort may not be had to the extraordinary writ of mandamus; and in the instant case it is conceded that the right of appeal exists.

The prevailing opinion contains the suggestion that in cases of an appeal the trial judge could not indicate in the record any reason for vacating the order in suit, and that by answer to the alternative writ, he will have an opportunity to do so; therefore as to the defendant, the trial judge, appeal is not an appropriate…