State Ex Rel. Gresham v. Delaney

Denied a jury trial by respondent, a justice of the peace, appellant brought mandamus to compel its allowance, asserting that all statutory precedents to a jury trial had been fulfilled. Upon the return day, the trial judge granted respondent’s motion for judgment on the pleadings, denied a similar motion of appellant, and dismissed the alternative writ. The basis was that respondent’s decision, being a judicial judgment, could not be questioned in a mandamus proceeding, but was open to attack only by appeal to the municipal court, where the alleged error could be reviewed. A motion to vacate…