Gotthelf v. Fickett

Petitioner and respondent have each filed a motion for a rehearing in this case. Ordinarily we do not write opinions on such motions, but, since respondent has suggested our original opinion is in some points confusing to the bar of the state on an important point of practice, we depart from our usual custom.

The first point raised by respondent is that mandamus does not lie, on the ground that the supersedeas bond was presented for approval before the appeal was perfected. The notice of appeal was given on June 10th, 1930, and on June 14th petitioner applied for an order fixing the amount of…