Schnepper v. Whiting

This is an original application for a writ of mandamus, commanding the defendant, as judge of the'' circuit court, to vacate a judgment rendered in an action recently reversed and remanded by this court, and to retry the same. While the facts stated in defendant’s return to the order to show cause, issued herein, differ in some particulars from the facts alleged in the plaintiff’s application, the issues thus raised need not be noticed, as the view we shall take will be predicated upon undisputed matters of record.

The plaintiff intervened in an action pending in the circuit court within and…