State Ex Rel. Sullivan v. Tazwell

A Circuit Court judge is an officer subject to mandamus within the purview of Section 613, Or. L.: Johnson v. Tucker, 85 Or. 646 (167 Pac. 787); State ex rel. v. Bradshaw, 59 Or. 279 (117 Pac. 284); Che Gong v. Stearns, 16 Or. 219, 223 (17 Pac. 871). The purpose of the writ of mandamus is to “compel the performance of an act which the law especially enjoins, as a duty resulting from an office, * * .” Section 613, above.

It appears from the alternative writ that defendant as circuit judge sustained the motion to quash the service of the summons in the action of relator against said steamship…