[DOWNLOAD] "State Ex Rel. Peterson Et Al. v. Peck" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Peterson Et Al. v. Peck
- Author : Supreme Court of Montana
- Release Date : January 17, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Mandamus ? Cities and Towns ? Writ not Available to Compel Mayor to Produce Town Books for Inspection ? Refusal of Mayor to Appoint Town Clerk Acceptable to Council ? Remedy. Mandamus ? Showing Required to Warrant Issuance of Writ ? When Writ Does not Lie. 1. To secure the aid of a court by mandamus the relator must establish a clear legal right in himself, and a clear violation of a legal duty by the person or officer sought to be coerced into action, if there is any other adequate remedy to which he can resort to enforce his right, the writ does not lie. Same ? Cities and Towns ? Writ to Compel Mayor of Town to Produce Town Books for Inspection ? Denial of Writ Proper. 2. Upon the resignation of a town clerk, the mayor appointed a successor whom the council would not confirm; the town books were delivered by the former to the latter and held by her at the mayors direction. Members of the council brought a proceeding in mandamus to compel the mayor to deliver the books to them for inspection. Held, that while the books being held by the appointee under his direction might be said to be in his possession under his duty to care for and preserve them, the law did not impose upon him any duty which he may be coerced to perform with relation to them, and therefore the writ does not lie to compel action on his part. Cities and Towns ? Appointment of Town Clerk by Mayor ? Refusal by Council to Confirm Appointee. 3. Under the circumstances adverted to in paragraph 2, the relators remedy was by writ of mandate to compel the mayor to nominate a person acceptable to the council as town clerk, who then would be entitled to the custody of the books and records of the town, under section 5033, subd. 5, Revised Codes 1921.
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