Gietz V. Webster

LOCKWOOD, C.J. This is an appeal by Chas. M. Gietz, as county treasurer of Graham county, hereinafter called defendant, from an order of the superior court of that county granting a peremptory writ of mandamus against him. The facts of the case are nowise in dispute, the question being as to the law applicable to these facts, and they may be stated as follows: