State Ex Rel. Peacock v. Latham

— In this case the motion to quash the alternative writ of mandamus, the motion to dismiss this proceeding and the demurrer to the alternative writ of mandamus are each severally overruled. The relator’s demurrer to the plea in abatement is sustained.

The Court holds that,the allegations of the alternative writ which are admitted to be true for the purpose of testing the sufficiency of the alternative writ, jf uncontradicted and undenied by respondents, are sufficient in law to warrant the issuance of a peremptory writ of mandamus ordering a recount, retally and recanvass of the votes actually…