Matthews v. Montgomery

Plaintiff prays writ of mandamus to compel the county clerk of Wayne county to accept his filing fee and certify his name as a candidate for nomination to the office of county road commissioner of Wayne county, at the next (September) primary election. The question is whether the office is to be filled by election or by appointment of the board of supervisors.

The county road system was adopted in Wayne county by a vote of the electors in 1906. To this time the commissioners have been elected. The term’ of one expires December 31, 1936. In October, 1935, the boarfi of supervisors adopted a…