Citizens Industrial Bank v. Lindsley

An action in mandamus to compel a justice of the peace to issue execution on a judgment of his court. Demand for the issuance of the execution was refused by the justice on the ground that the judgment was void. The holder of the judgment petitioned the district court for an alternative writ of mandamus, requiring the respondent to issue, execution, which upon hearing was denied, and to reverse this order and judgment, the writ of error herein is prosecuted. Reference will be made to the parties as plaintiff and defendants.

Plaintiff instituted an action in the justice court of James N. Sabin,…