DAY, Justice.
The parties will be referred to herein as they appeared in the trial court where plaintiff in error was plaintiff and defendant in error defendant.
Plaintiff filed in the court below a complaint for declaratory judgment, R.C.P. Colo. 57. In it he alleged that he was confined in the state penitentiary pursuant to mittimus issued by the district court in and for the county of Rio Blanco, State of Colorado, and that the defendant is the authorized...
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