State ex rel. Daily v. Thompson

Fagg, Judge,

delivered tlie opinion of the court.

This is an application for a mandamus upon the State Auditor, made by Peter P. Daily, clerk of the Criminal *14Court of St. Louis county, requiring him to audit and settle a bill of costs accompanying the petition, and to draw his warrant therefor. The bill of costs is shown to have been approved and duly certified by the judge of said court and the circuit attorney for St. Louis county in the manner required by law.

The question presented for determination arises upon a demurrer to the petition, and the facts upon which the application is made are…