State ex rel. Miller v. Lancaster County

By the Court.

In May, 1882, the relator commenced proceedings by mandamus in the district court of Lancaster county to compel the defendant to act upon á certain claim filed by him against the county. The defendant filed a return in the form of an answer to the writ, to which the relator filed a demurrer. The defendant appeal to this court. The relator moves to dismiss the appeal as being unauthorized.

Appeals are authorized by statute in actions in equity, but a proceeding by mandamus is strictly a legal action. In Commonwealth v. Dennison, 24 How., 97, Taney, Ch. J., says: “A mandamus in…