State ex rel. Menge v. Rightor

The. opinion of the Court was delivered by

Bermudez, U. J.

This is an application for a mamdmius. The relator complains that the district judge has dismissed a suspensive appeal taken by him from a judgment against him, the ruling being made on the ground that the surety furnished is not good and solvent, as the law requires, when in truth and in fact such surety meets all legal exigencies.

The prayer is that a mandamus issue directing the judge to rescind his order of dismissal and to reinstate the suspensive appeal.

It has been repeatedly held that a mandamus does not lie to compel a lower…