State ex rel. Stearns v. Smith

The opinion of the court was delivered by

Stiles, J.

Under a showing of an emergency the relator in this proceeding obtained from this court an alternative writ of mandamus requiring respondent, as ex-treasurer of the board of regents of the agricultural college, to turn over certain moneys alleged to be in his possession to his successor in office, the relator. The respondent has demurred to the alternative writ on the ground that this court has no jurisdiction of the proceeding, and we find upon a more careful examination of the constitution of the state that he is right.

Sec. 4, art. 4, of…