State Ex Rel. Harvey v. Linville

This is an original proceeding wherein the relator seeks to have this court, by writ of mandamus, compel the judges of the County Court of Benton County to pay him a balance which he claims to be due on his salary as County Superintendent of Public Schools.

The alternative writ was issued on relator’s petition, to which respondent’s filed their return. Thereupon relator filed a motion for judgment on the pleadings, thereby admitting all facts well pleaded in the return. A former opinion directed a peremptory writ. A motion for rehearing was sustained, and the case argued and submitted a second…