Sevigny v. Russell

This is a petition for a writ of mandamus. The petitioner is a citizen and taxpayer of the city of Fall River. He seeks by this proceeding to have declared illegal the election of the respondent Russell as a member of the board of aldermen of the city of Fall River. He makes no claim to that office himself. “The use of the writ of mandamus to try the title to an office, and to put one person out of and another person into an office, is undoubtedly unusual, and opposed to the weight of authority in other jurisdictions. But the nature of the proceedings in mandamus under our statutes seems well…