State ex rel. Ferro v. Oellermann

SMITH, Commissioner.

Relators appeal from the action of the trial court in dismissing their application for a writ of mandamus against respondent Oellermann which dismissal was upon the ground that the “Petition seeks to compel a discretionary act by Writ of Mandamus.” The act sought to be compelled is a certification to the City Council by Oellermann, as City Clerk of the City of Bridgeton of the sufficiency of petitions for recall of in-tervenor-respondent Davis as mayor of Bridgeton. The issue here is whether the well pleaded facts of relators’ application state a cause of action in…