State ex rel. Mason v. Miller

This was an application by the State, on the relation ef Nathan Mason, for a writ of mandate .against Thomas P. Miller, a justice of the peace.

An alternative writ was issued at special term, against the defendant, who appeared and demurred to the petition, .and his demurrer, was sustained.

The relator declining to amend his petition, final judgment was rendered for the defendant.

The plaintiff then appealed to the general term of the court below, where the judgment at special term was affirmed.

The plaintiff’ has further appealed to this court, and presents only the question of the sufficiency…