dissenting. I think the law makes it the duty of the district judge to pass judicially upon the question propounded to him, and having refused, I think he should be ordered to do so.
I think the mandamus should be made peremptory.
dissenting. I think the law makes it the duty of the district judge to pass judicially upon the question propounded to him, and having refused, I think he should be ordered to do so.
I think the mandamus should be made peremptory.