Thomas v. Covell

The opinion of the court was delivered by

Burch, J.:

In form the action is one of mandamus by the mayor and board of commissioners of the city of Topeka, a city of the first class, to require the city clerk to perform a legal duty. The purpose of the action is to obtain a declaratory judgment respecting proper form of ballot to be used at a bond election to be held in the city. The controversy arises in this way: The mayor and commissioners, as the governing body of the city, have prescribed the form of ballot. The city clerk is charged with the duty of preparing and printing the ballots. She…