Elsey v. Falconer

This case is submitted together with that of Alston i\ Falconer, in which an opinion has just been deliv-erecl. The statement of facts is made in that case, to which reference is made.

After Ealconer had been put in possession of the tax books by virtue of the mandamus granted by the Circuit ■Court, and had proceeded to act as collector, Elsey filed his .complaint in this case, relying upon his commission, and the filing of his bond, and setting up all the facts. He claimed that Falconer usurped the office, and prayed for his own reinstatement, and for judgment agaiust Falconer for such amount…