Thompson v. Willson

Duckworth, Chief Justice.

The petition in prayer “A” prays for the issuance of a rule nisi, and the judge issued same directing the defendants to appear on the 20th day of January 1967, at 2:30 p.m., and show cause why mandamus absolute should not be issued. This rule was attached to the petition and served upon the defendants. This is all the process that the law requires in mandamus cases. Code § 64-107. But there ■was also attached a process by the clerk directing defendants to appear within 30 days from service thereof. The motion to quash was on the ground that the clerk’s process was not…