Warren v. Slaybaugh

This is a mandamus proceeding. Upon the application of the petitioner an alternative writ of mandamus issued out of the district court of Ward county on June 12, 1929. The respondent Slaybaugh, as sheriff, made a return to the writ. The respondent Jessie Krueger moved to quash the alternative writ upon grounds which challenged the sufficiency of the petition to entitle the petitioner to the relief sought. The motion to quash was denied and the respondent appeals from the order. The petitioner moves to dismiss the appeal on the ground that the order is not an appealable order under § 7841,…