State Ex Rel. Clark v. Smith

This is an original proceeding in mandamus wherein it is sought to coerce the Hon. Frank A. Smith as Circuit Judge to “show cause before this Honorable Court on or before ten o’clock in the forenoon on the 15th day of November, A. D. 1937, as to why an order should not issue from this Court requiring. you to place the said case of Frank G. Clark v. Ward C. Klingensmith upon the docket of the next ensuing term of the Circuit Court of the Ninth Judicial Circuit and thereupon to try the issue of fact as raised by the duly settled pleadings in the said case.”

Demurrer and motion to quash the…