State Ex Rel. Land v. Martin

HIGGINS, Justice.

One of the grounds of the plaintiff’s motion to dismiss the defendants’ appeal is that the judgment appealed from is not a final one but in the nature of an interlocutory judgment which does not cause the defendants irreparable injury, the appeal having been taken from the judgment of the district court overruling a motion for a new trial and an application for a rehearing for the reason that they were filed too late.

It appears that the plaintiff instituted an action praying for an alternative writ of mandamus, commanding the Secretary of State to annul and set aside a final…