165 Ind. 484 | Ind. | 1905
This action was brought by the relator to compel by mandate three persons, officers of a private corporation, to perform an alleged duty. A trial of said cause resulted in a' final judgment for a peremptory writ of mandate against said defendants. Two of said defendants appeal, and insist that said judgment must be reversed, because said trial was, as to them, “without an issue.”
It is evident that said cause was not “tried without an issue.”
Judgment affirmed.