Mattice v. Babcock

BUDGE, J. —

This proceeding in mandamus is brought by plaintiff seeking to compel defendant district judge to proceed with the trial of an action on its merits. From the petition it appears that plaintiff filed a complaint against Fred J. Walters and Chrissie M. Walters, his wife, as defendants, in the district court of Twin Falls county, to foreclose two real estate mortgages. Summons was issued by the clerk of that court. The sheriff of Twin Falls county made return thereon that he personally served the same on defendant Fred J. Walters at Twin Falls, by delivering to him personally a copy…