People Ex Rel. Lefever v. Board of Supervisors

The answer to the alternative mandamus, as a pleading, is informally and inartificially drawn. The issues joined upon the matters alleged in the writ, are mixed up with the allegation of new matter throughout. The allegation of new matter, constituting a defense, should he separately stated. Much of the new matter in this answer consists of allegations impeaching the record of the assessment of the relator’s damage for irregularities in drawing and challenging the jurors. These are collateral issues, not triable in this action, but reviewable, if at all, on a direct issue between the parties…