State ex rel. Benton v. Mayor of La Porte

— This was an application presented in May, 1865, for a writ of mandamus against the mayor and the members of the common council of the city of LaPorte, requiring them to induct the relator into his office as councilman from the third ward of said city. An alternative writ was issued and a return made thereto by the appellee Noyes, mayor of the city. To this return a demurrer was filed and overruled and final judgment entered thereon against the appellant.

It appears that at a biennial election for councilmen in May, 1868, one Hendricks was elected a member of the city council from the third…