State ex rel. James v. Babcock

This is an application to this court, in the exercise of its original jurisdiction, for a writ of mandamus to compel the auditor of public accounts to audit a claim in favor of the relator, and issue his warrant upon the treasury therefor. The respondent demurred to the petition upon the ground that it did not state facts sufficient to constitute a ■ cause of action.

In order that the exact point presented may be fully stated, we copy the petition, which is. as follows:

“Your relator, Eichard F. James, complaining of the respondent, says: That respondent is the duly qualified and acting auditor…