Long v. State ex rel. Hoxie

Cobb, Ch. J.

This is a case of error to the district court of Holt county for the allowance of. a peremptory writ of mandamus against the plaintiff in error, who is county clerk of said county, requiring him to canvass certain votes cast in said county at the general election of 1883.

Two questions are presented by plaintiff in error in his brief:

I. That the alternative writ is insufficient as a basis for the awarding of a peremptory writ, for the reason that the alternative writ fails to disclose any interest in the subject matter of the proceeding on the part of the relator, even that he is a…