State ex rel. Buttz v. Comptroller General

The opinion of the Court was delivered by

Willard, C. J.

The relator was by the judgment of this Court ousted from the office of Solicitor of the First Circuit on the ground that he had accepted an inconsistent office, namely, member of Congress, (State vs. Buttz, ante pp. 156-186,) he now demands a writ of mandamus to compel payment to him of the salary of that office alleged to have accrued subsequent to the act which has been adjudged to have vacated the office and prior to the judgment of ouster.

To entitle himself to the writ he must show that what he seeks to compel is a specific duty,…