People ex rel. Lockwood v. Scrugham

This case is before me, upon an alternative mandamus, with several affidavits annexed to the writ, an answer, and a demurrer. The demurrer of course admits the facts and the direct denials contained in the answer, but not such assertions or denials as are merely inferential. The facts as they are represented in the pleadings are as follows:

The relator was in 1841, duly elected brigadier general of the 15th brigade, consisting of the militia of the county of Westchester. He shortly after his election received a commission from the governor, and thereupon entered upon the performance of the…