Nance v. Stuart

For the second time this case is before the court. It came up on appeal originally from a judgment rendered in favor of the relator Stuart. This was reversed. He obtained another judgment directing a peremptory writ of mandamus to issue. The state again appears and re-presents the case. The imperfect condition of the record on the original appeal which is reported in the 7 Colo. App. 510, under the title of Nanee v. Stuart, did not permit us to decide the question at issue between the parties, and when the case was sent back it was with directions to the court below to give the parties leave…