State Ex Rel. Peterson v. Peck

This is an appeal from a judgment .dissolving an alternative writ of mandate directed to the respondent, M. L. Peck as mayor of the town of Sweet Grass. The only question involved is whether the court erred in refusing to make the writ peremptory.

From the pleadings and proof it appears without dispute that at all of the times herein mentioned, the respondent was, and now is, the duly elected, qualified and acting mayor of the town of Sweet Grass. Ray Barkuloo, who was the acknowledged clerk of the town of Sweet Grass, resigned his office on or about the fourteenth day of May, 1931, and…