State ex rel. Smith v. Miers

BURCH, C.

This action is brought by plaintiffs, Harry B. Smith, claiming to be the duly elected president of the Cottonwood Telephone Association, and James Johnson, claiming to be the duly elected secretary-treasurer of the said association, against the defendants, Melvin F. Miers, as secretary-treasurer, and John H. Engelbrecht, as president, of said association, for a writ of mandamus requiring defendants to surrender said offices to• plaintiffs, and for a writ of prohibition prohibiting the said defendants from exercising any of the duties of said offices. The lower court found in favor of…