Pickell v. Owen
Supreme Court of Iowa
Appeal from Mitchell District Court. This is an action of mandamus. There was a demurrer to the petition, which was sustained. Plaintiffs excepted to the ruling on the demurrer, and appeal from the judgment dismissing the action.
1Opinion of the CourtRothrook, J.
It is averred in the petition, in substance, that the plaintiffs are the owners of a money judgment, which was duly recorded in the circuit court of Mitchell county; and that defendant is the clerk of said court; and that defendant, although requested to do so, willfully, unlawfully and maliciously refuses to issue execution upon said judgment; and that plaintiffs are without any plain, speedy and adequate remedy at law in the premises; and a writ of mandamus is prayed, compelling the defendant to issue an execution as provided by law. There are other allegations in the petition, not…
2Cited by4 opinions
- Bismarck Tribune Co. v. WolfNorth Dakota Supreme Court · 1934
- Hawkeye Insurance v. MaxwellSupreme Court of Iowa · 1903
- State ex rel. Glancey v. St. PaulSupreme Court of Louisiana · 1905
- Taubman v. Board of CommissionersSouth Dakota Supreme Court · 1900