Welch v. Cook

Mason, Justice.

This is an application under the 51st, 52d and 53d sections of 1 R. S. 125, and the 438th section of the Code, to compel Mr. Cook to deliver to the applicant, Mr. Welch, the books and papers appertaining to the office of state treasurer.

The first question I propose to consider in this case, is the objection raised to my jurisdiction to entertain this application. By section 51 (1 R. S. 125), jurisdiction to entertain such proceedings was conferred upon the chancellor, any justice of the Supreme Court, circuit judge, &c.; and by the 16th section of the judiciary act of May 12th,…