State Ex Rel. Burke v. Commissioners of Bessemer City

OlaeK, 0. J.

This is a mandamus to compel the town commissioners of Bessemer to reinstate the relator in the office of town treasurer, from which he had been removed by them, and to approve the bond tendered by him. The court, without passing upon the prayer to compel reinstatement, ordered the defendants to “accept and approve” the bond tendered.

The facts of this controversy are set out in the quo war-ranto proceedings — Burke v. Jenkins, ante, 25 (which are hereby referred to and made a part of this case), in which it was adjudged that the relator was not entitled to recover said office.…