Laughlin v. Eicher

This is the third occasion on which this matter has been presented to the court. On the first, July 5, 1944, immediately after the making of the order complained of, the petitioner filed a petition for a writ of mandamus making therein in substance and effect the same allegations as are contained in the present petition, and praying for substantially the same relief. Judge Miller was then absent from the jurisdiction and there were, therefore, but four judges in attendance upon the court. They were equally divided in opinion as to the merits of the petition. The practice of the court requires…