State Ex Rel. Nead v. Nolte

This record presents to this court two questions for determination: First, the right of the taxpayer to maintain a proceeding in mandamus-; second, the right of the mayor of the city of Norwood to retain the statutory fees taxed in his favor in state criminal cases. These questions will be discussed in the order named.

The first of these questions has. two branches: (a) Does mandamus lie, or is there an adequate remedy at law? (b) Does the pending suit brought by the city solicitor, which is still pending, abate the suit in mandamus brought by the taxpayer? These questions will also be…