Freeman v. Board of Registry

The opinion of the court was delivered by

Swayze, J.

This case was argued before me by consent,pursuant to section 251 of the Practice act.

It is conceded, and is apparent on the face of the certificate, that the defendants failed to make up and sign such a statement of the result of the primary election as is required by section 15 of the act. Pamph. L. 1903, p. 617. This of itself requires that a mandamus should go to compel the performance of the plain statutory duty.. It is said that such a mandamus was not within the terms of the rule to show cause, but this involves a misconstruction of…