Ernst v. Eldred

Adah Ernst brought mandamus against Eldred as judge and acting clerk of the county court of Fremont county to compel him as clerk to issue an execution upon a judgment which she recovered against one Colburn July 9, 1923. A demurrer to her petition was sustained, and she brings error and asks for a supersedeas. We think the petition was good.

The judgment which she recovered was an ordinary judgment in replevin for the possession of chattels, or, if possession could not be obtained, for their value as found by the jury — $550. The petition for mandamus shows this judgment, and alleges that it…