State Ex Rel. State Building Commission v. Smith

Original proceeding by mandamus to compel respondent, the State Auditor, to draw his warrant on the State Treasurer, chargeable to the State Building Fund, in payment for sundry articles of equipment ordered and approved by relator, State Building Commission.

Upon the filing of relators’ application for the writ, respondent, by stipulation, waived the issuance of the alternative writ and agreed that relators’ application should be taken as and for such writ, and filed his return thereto. Whereupon, relators filed what is denominated a “motion for judgment notwithstanding respondent’s return,”…