McNichols v. People Ex Rel. Hershey

The district court awarded the relator, Harold R. Hershey, a peremptory writ of mandamus, directing William H. McNichols, as auditor of the City and County of Denver, to audit the relator’s claim against that municipality. It is said that the court erred in doing so.

The case was here before. The- trial court had sustained a demurrer to the alternative writ and dismissed the action. The judgment was reversed, with the direction to the trial court to overrule the demurrer. People ex rel. Hershey v. McNichols, 91 Colo. 141, 13 P. (2d) 266. In compliance with the direction, the demurrer was…