Moulton v. Byrd

The petition was for mandamus and prohibition ; demurrers were sustained thereto, and, the petitioner failing to amend, the petition was dismissed at the cost of the petitioner.

The mandamus sought to have a justice of the peace recuse himself by reason of the fact that he is alleged to have acted as attorney for the plaintiff by preparing the complaint and the necessary affidavit for attachment for rent, and notice to vacate, for the plaintiff in attachment against petitioner, defendant in the justice court, and that respondent was dependent for his compensation upon the lawful fees made and…