People ex rel. O'Donnell v. Bermel

Garbetsok. J.

This is a motion by the relator for a peremptory writ of mandamus. The application is made upon a verified petition and is met by the answering affidavits submitted.

The relator has presented a replying affidavit having for its object the controverting of certain allegations contained in the answering affidavits. The counsel for the defendants has objected to the receipt and consideration of the replying affidavit. His objection is well taken and must be sustained. The Code (§ 2070) requires that a copy of the affidavits, setting forth the facts upon which the right of the relator…