Theilman

This is an original petition in this court for a writ of mandate to compel the respondents to dismiss a certain action pending before them, entitled Theilman v. Theilman.

L. D. Theilman, through her attorneys, Dodge & Fry, commenced an action in the court of respondents, against her husband, M. C. Theilman, to obtain a divorce. A demurrer was interposed to the complaint, and overruled. Defendant then filed an answer, and the action is now pending and undetermined. The plaintiff, on March 8, 1882, made an affidavit that she did not desire to further prosecute the action, and prayed the court to dismiss it. Thereupon the defendant, M. C. Theilman (petitioner herein), upon notice to plaintiff’s attorneys, moved the court to dismiss the action. At the hearing of the motion plaintiff’s attorneys filed a written objection to the dismissal, which was based entirely upon the fact that plaintiff owed them a certain sum of money as attorneys’ fee in the case, and in which they consented to the dismissal upon condition that said sum should be paid them. The objection was accompanied by "the affidavit of one of plaintiff’s said attorneys, showing the amount due them from plaintiff for legal…