John Hancock Mutual Life Insurance v. Heinze

The opinion of the court was delivered by

Thiele, J.:

This is an action in mandamus to compel the sheriff of Rush county to publish notices of sales of real estate in mortgage-foreclosure proceedings in a newspaper designated by the judgment creditor.

There is no dispute of fact. Publication notices in three different actions are involved, but, as the facts in each case are substantially alike in so far as the present question is concerned, only one case will be noticed.

The district court of Rush county on January 14, 1935, rendered judgment in favor of the John Hancock Mutual Life Insurance…