Kittredge v. Boyd

The opinion of the court was delivered by

Dawson, J.:

In a motion for a rehearing, counsel for defendants reargue their contention that some sort of action other than mandamus should have been brought against defendant T. B. Boyd as an individual and not as state treasurer, and cases from other jurisdictions not fundamentally different from those at bar are again cited to that effect. Counsel argue that some of our precedents cited in our opinion should not be regarded as controlling here. We think they are. In discussing defendant Boyd as a mere stakeholder counsel studiously omit the…