Killion v. Herman

The opinion of the court was delivered by

Valentine, J.:

This is an original proceeding in mandamus, instituted in this court on October 26, 1889, by John V. Killion, who claims to be the county clerk of Garfield county, against David W. Herman, who is alleged to be in the possession of many articles belonging to that office, to compel the defendant to deliver to the plaintiff such articles. The defendant in his answer and return to the alternative writ, sets forth and alleges various facts as a defense to the plaintiff’s action, and the plaintiff in response thereto moves the court to quash…