State Ex Rel. Walker v. Hinkle

WATSON, Chief Justice.

This is an appeal from a judgment awarding a peremptory mandamus against the commissioner of public lands.

The relator (appellee) was the losing party in a contest in the state land office. He prayed an appeal to the district court, and tendered a bond. Appellant, the commissioner, disapproved the bond and denied the appeal. Thereupon the alternative writ was sued out. The judgment awarded a peremptory writ, “commanding * * * said respondent * * * to forthwith fix the amount of an appeal bond * * * at a reasonable figure * * * and after so fixing said bond and the…