State ex rel. Lewis v. Fairchild

This was an order granted in vacation by a justice of this court, requiring the board of building commissioners for completing the state capitol to appear and show cause why a peremptory writ of mandamus should not issue out of this court, commanding them to award and let the contract for the building and completion of the rotunda of the state capitol to the relators, Lewis and Allen. This order was improvidently granted, being in violation of a rule of court recently adopted, which provides that cases of mandamus shall be commenced in this court only by the issuing of an alternative writ. In…