State ex rel. ClenDening v. Rose

The relator invoked the wrong remedy when he brought his action in mandamus. The correct legal principle involved may be determined from the following brief, though salient, facts presented in the case:

The governor of the state, upon charges filed, removed the relator and appointed one Edward J. Hurst as his successor. Hurst then qualified and took possession of the office under the color of his appointment as a de facto official. The relator brought an action in mandamus against Rose and Hay, as liquor license commissioners, to compel *286them to sign and deliver to him a voucher for his monthly…