State ex rel. Diebold Safe & Lock Co. v. Getchell

The appeal is from an order denying relator’s application for a writ of mandamus to' compel defendant, as auditor of Eddy County, to attest and certify _ a county warrant issued by the board of county commissioners, and signed by the chairman thereof. The relator did not secure, in the first instance, an alternative writ, but applied on notice for a permanent writ.' The better and more regular practice is to obtain the alternative writ on an ex parte application. The alternative writ constitutes *245both the process and the pleading in the special proceeding. But it cannot be doubted that there…