Clark v. Kent Circuit Judge

Martin Y. Elliott was arrested upon a capias ad respondendum at the suit of the relators, and was duly admitted to bail by the circuit judge as per order indorsed upon the writ. Subsequently, upon motion of Elliott, the respondent made an order vacating his order to hold to bail, and quashing the proceedings, upon the ground that the affidavit attached to the writ was signed and sworn to on the day preceding the day of the date of the writ. A motion was thereupon made by the relators asking the court to set aside said last-mentioned order, but this was denied. Counsel now ask a mandamus to…