Mahoney v. Stavely

The opinion of the court was delivered by

Harvey, C. J.:

This is an original proceeding in mandamus to require the district judge of Osage county to decide a case in that court and render a judgment thereon. The hearing here was upon defendant’s motion to quash the alternative writ.

From the motion for the writ with exhibits attached, and the motion to quash with an exhibit attached — all of which exhibits are conceded to be correct copies of certain papers filed in, the district court — the material facts may be stated as follows: John Supple, a resident of Osage county, died leaving a will,…