State ex rel. Shine v. District Court of City of Orange

*148The opinion of the court was delivered by

Kalisch, J.

This- is a rule to show cause why a peremptory or alternative mandamus should not issue commanding and enjoining the District Court of the city of Orange, and the judge and clerk thereof, to issue a venire to try the issue in an action brought by the relators against the Public Service Railway Company, upon the said relators tendering and paying to the clerk of said court the sum of $5.75. Testimony was taken under the rule and it raises the single inquiry whether the relators are entitled, under the act of 1910, to the issuance of a venire,…