State Ex Rel. Postlethwait v. Clark

On September 2, 1932, there was presented to and accepted by the city clerk of the city of Baker a petition purported to be signed by 680 legal voters of said city, demanding the recall of Bert L. Harvey, the mayor.

The mayor was notified on September 2, 1932, that said recall petition was presented to, and in the hands of, the city clerk. The mayor refused to resign within five days thereafter or at all. The city clerk refused to call an election and plaintiff filed the petition in the instant action asking for a writ of mandamus to compel the city clerk to call said election.’

An alternative…