Burns v. Napton

Mandamus. Original. This is a proceeding in mandamus. Upon application of the plaintiff an alternative writ was issued commanding the defendant, as judge of the district court of Powell county, to settle and sign a bill of exceptions in the, case of Burns v. Kelly et al., or show cause xvhy he did not dc so. The defendant answered, and the cause has been submitted upon the application and answer. On these the plaintiff demands a peremptory writ We have not had the benefit of any argument, oral or written, in behalf of the defendant.

So far as it is deemed necessary to state them, the facts áre…