Pack v. Karnes

Midler, Judge:

The relief sought by mandamus in these cases is the same as that which petitioners endeavored to obtain by prohibition at the present term of court. We then held, in an opinion prepared by Judge Poefenbarger, that mandamus and not prohibition was the exclusive remedy given by the statute where it was desired to control the action of a board of ballot commissioners, wherefore the present proceeding in mandamus.

The petitioner in each case sues not only in his capacity of chairman of the Republican Executive Committee of Mercer County, but also as citizen, tax payer and voter. The…