People ex rel. Giese v. Dillon

Mr. Justice; Craig,

dissenting:

The entire petition filed with the town clerk never appeared in the proceedings in the court below or in the record in this court, and there is no warrant for the assumption in the foregoing opinion that such petition was made a part of the petition for mandamus and showed, prima facie, a compliance with the statute. The petition for mandamus states “that the form of each sheet or page of said petition [filed with the clerk] is in substance the same as a copy of one of the pages of said petition hereto attached and marked ‘Exhibit A.’ ” Said exhibit contains 20…