Town of Bennington v. Booth

The petitioner is seeking to obtain a writ of mandamus to compel the. defendant, its town' clerk, to discon tinue his present method of recording instruments and to recopy all records so made. The defendant is resisting the petition on the grounds: First, that the petitioner’s interest in the subject-matter is not such as will entitle it to maintain the action; and, second, that the records as made comply with the law.

The commissioner, who has found the facts for this Court, has reported that the defendant is, and for thirty-nine years last past has been, the town clerk of Bennington; that…