State ex rel. Irvine v. Brooks
Wyoming Supreme Court
Original proceeding in mandamus. Heard on demurrer to petition and alternative writ. The facts are stated in the opinion. (In support of the demurrer.) The jurisdiction of this court in mandamus as to all state officers, as declared by Section 3 of Article 5 of the Constitution, is limited to state officers other than the Governor, and even then to a control of merely ministerial duties.
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Original proceeding in mandamus. Heard on demurrer to petition and alternative writ. The facts are stated in the opinion. (In support of the demurrer.) The jurisdiction of this court in mandamus as to all state officers, as declared by Section 3 of Article 5 of the Constitution, is limited to state officers other than the Governor, and even then to a control of merely ministerial duties. The courts are without jurisdiction to control executive or political duties of the Governor. (State v. Burdick, 3 Wyo., 588.) The signing and delivery of the election certificate demanded by relator under…
1Opinion of the Court
Beard, Justice.
The relator, William C. Irvine, commenced this action in this court against the defendant Bryant B. Brooks as Governor of the state, praying that a writ of mandamus be issued to the Governor commanding him to deliver to relator *407a certificate of his election as State Treasurer for the period of four years from and after the first Monday in January, 1905. The allegations of the plaintiff’s petition, so far as necessary to an understanding of the questions presented, are in substance: That at the regular election held in the state in the year 1902,'one Henry G. Hay was duly…
2Cases cited21 opinions
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Commissioner of the General Land Office v. SmithTexas Supreme Court · 1849
- Rains v. SimpsonTexas Supreme Court · 1878
- Harpending v. HaightCalifornia Supreme Court · 1870
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hopkinson v. StateWyoming Supreme Court · 1983
- Winsor v. HuntArizona Supreme Court · 1926
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
- Coronado Oil Co. v. GrievesWyoming Supreme Court · 1979
- State Ex Rel. Brotherton v. MooreWest Virginia Supreme Court · 1976
18 more not listed; retrieve them via the Exa API.