Meininger

jén action was commenced in November, 1863, in the district court in and for the county of Butte, by L. Meininger, plaintiff, against Joseph Gluckauf, defendant, for the recovery of a debt of about two thousand dollars. The plaintiff has applied by petition to this court for a writ of mandamus to be directed to the judge of said district court, commanding him to proceed to the trial of .said action, in its order, in the county of Butte. The petition shows that the action was commenced and the court acquired jurisdiction of the parties in the mode provided by law, and that after an issue of fact was joined in the suit, at a term of the district court held in said county, in December, 1863, the defendant applied to the court, on an affidavit, to change the place of the trial of the action from the county of Butte to some adjoining district, on the ground that he could not obtain a fair and impartial trial in said county, because the plaintiff and others, conspiring together “to prejudice the public mind in Butte county against him” respecting the matters in issue joined between the parties, had been busily circulating a report in such county, which he deemed injurious and…