Dey v. McAlister

This is an application for a peremptory writ of mandamus to issue from this court, compelling the judge of the superior court of the state of Arizona in and .for Graham county to set a cause for trial. We will consider the scope of the writ applied for as compelling action by the superior court, as well as the judge thereof. To do this will prejudice no right of the defendant, and to do otherwise would permit mere technicality to cause delay.

The function of a writ of mandate is to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust, or…