State ex rel. Metcalf v. Reynolds

On the first day of the present term of this court an application for a writ of mandamus was made, and upon hearing the same a peremptory writ was granted. On *432that day court adjourned uutil the 11th of August, in accordance with ah order at that time made, and of which notice had been previously given by the clerk. After the-issuance and service of the writ the respondents appeared and moved to vacate it, and for leave to answer to the merits, alleging as ground therefor that they had been misled by the adjournment of the court, having been led to believe that no business would be transacted…