Titus v. Sherwood

The opinion of the court was delivered by

Benson, J.:

This is an appeal from a judgment allowing a peremptory mandamus requiring the appellant to issue a call to convene delegates to the state association of miners for the purpose of electing a *871secretary of that association. The writ was allowed upon motion and affidavit, as provided in sections 717 and 718 of the code of 1909. The defendant appeared at the hearing of the motion and interposed various objections and motions, which are again presented in this court. One objection is that the plaintiffs had no legal capacity to bring the action.

Th…