State ex rel. Bisbee v. Board of County Canvassers

The CniEF Justice

delivered the opinion of the court..

The respondents, Gardner, County Judge, and Carlisle, Clerk of the Circuit Court, make answer to the writ.

And first, they protest that this court has no jurisdiction to award this writ in this case, because the particular office for which the relator seeks to compel the canvass rf returns is that of Representative in Congress.

It is not pretended by the relator that the canvassing of the votes determines his right to this office. That must be determined by the House of Representatives. But the relator says that the law of the State, under…