State ex rel. Atherton v. Sherwood
Supreme Court of Minnesota
An alternative writ of mandamus was issued out of this court upon the relation of John F. Atherton, directed to Lyman A. Sherwood, commanding him’ to deliver to said relator, the seal, books, records, papers, and all other things whatsoever belonging to the office of clerk of the district court of Mower county, Minnesota, or that he appear before the court and show cause, &c.
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An alternative writ of mandamus was issued out of this court upon the relation of John F. Atherton, directed to Lyman A. Sherwood, commanding him’ to deliver to said relator, the seal, books, records, papers, and all other things whatsoever belonging to the office of clerk of the district court of Mower county, Minnesota, or that he appear before the court and show cause, &c. The matters recited in the writ, and the proceedings in this court are fully stated in the opinion of.the court.
1Opinion of the Court
Ripley, Ch. J.
By the Court The alternative writ in this case, recites, that at the last general election, the relator, a citizen of the United States, of full age, and residing in Austin in Mower county, was elected to the office of-clerk of the district court of said county, and upon the official canvass of votes received a certificate of such election under the hand and official seal of the county auditor, and thereafter, on the 30th day of December, 1869, took the oath, and gave the bond required by law, and on the 4th day of January, 1870, filed the same in the office of the register of…
2Cases cited3 opinions
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Crowell v. LambertSupreme Court of Minnesota · 1865
- Mower v. StickneySupreme Court of Minnesota · 1861
3Cited by34 opinions
- Chumasero v. PottsMontana Supreme Court · 1875
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
- State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
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