State Ex Rel. Sunderwirth v. Harper

Proceeding in mandamus. The case is here on appeal from the judgment of the circuit court of Bates County wherein a peremptory writ was issued to the judges of the county court directing them to issue warrants to pay relator the salary claimed by him as prosecuting attorney of said county.

The petition was filed May 29, 1929, and in effect alleges that respondents below (Harper et al.) are the duly elected, qualified, and acting justices of the county court of Bates County; that relator was on November 6, 1928, elected prosecuting attorney of said county; that he was duly commissioned and…