Taylor v. Girard

The first question which should be decided in this case may be stated as follows: Is the writ, of prohibition available as a remedy to prevent the Secretary of State from performing a clerical, ministerial act which the law has made it his duty to perform?

I. C. A., section 33-636, made it a duty, which has been performed by the state board of canvassers, to certify the nominees to the Secretary of State. It is:

"For the purpose of canvassing the results of the nominating election as herein provided, the state board of canvassers shall meet at the office of the secretary of state at ten o'clock…