State ex rel. Wickliffe v. Delassize

This suit was instituted under the act No. 156, approved October 15, 1868 “ providing a remedy against usurpations of or intrusions into or the unlawful holding or exercising a public office or- franchise in this State.” The relator, averring himself to be the Auditor of Public Accounts, alleged that the defendant had usurped and intruded into that office, and prayed that the latter might be excluded therefrom, and that the relator’s right thereto might be recognized and adjudged in his favor.

The defendant excepted to this petition on the ground that the same was not filed by the Attorney…