Nelson v. Miller

CROFT, District Judge:

This is a petition for a writ of mandamus filed in this court as an original proceeding pursuant to the provisions of Article VIII, Section 4 of the Constitution of Utah and Section 78-2-2, Utah Code Annotated 1953, which specifically provides that the Supreme Court shall have original jurisdiction to issue writs of mandamus and other extraordinary writs.

The facts are not in dispute, have been stipulated by the parties and may be summarized as follows:

The petitioner, Joseph E. Nelson, is a duly qualified, elected and acting judge of the Fourth Judicial District Court of…