Chance v. Temple
Supreme Court of Iowa
Appeal from the Lucas District Court. This was .a proceeding by mandamus. An alternative writ bad been granted on an ex parte showing, on wbicb, after a bearing on tbe alternative writ,, a rule bad been entered for a peremptory writ.
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Appeal from the Lucas District Court. This was .a proceeding by mandamus. An alternative writ bad been granted on an ex parte showing, on wbicb, after a bearing on tbe alternative writ,, a rule bad been entered for a peremptory writ. Tbe application for tbe alternative writ was made by William Cbance, and is substantially as follows: That some time during tbe year 1853, to wit, on tbe 24th day óf December, tbe relator made application to Samuel D. Houston, tben school fund commissioner of Lucas county, to purchase certain lands described in tbe application, wbicb were subject to sale at bis…
1Opinion of the CourtIsbell, J.
'The order awarding a peremptory writ, must be reversed, and tbe alternative writ quashed. We might point to one or two radical defects in these proceedings, or examine only as to tbe relator’s right to tbe aid of this remedy, under the, title be has set up, and there stop. But tbe unsettled state of tbe practice with regard to this writ, as evidenced by tbe entire proceedings in this case — that a case so defective in all points of practice, should bavé reached this court — seem to require from tbe bench, more than a passing remark, sufficient to decide it. We shall, therefore, endeavor to…
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