Winston v. Moseley

This is a petition for a mandamus. Winston was, prior to December, 1863, Commissioner of the permanent seat of Government. In December, 1863, the General Assembly elected another person commissioner, who received a commission as such. Winston claims that he is still lawfully in office, and presented to the auditor an account for a quarter’s salary, which the auditor refused to allow. Winston asks of this court a writ of mandamus, commanding the auditor to audit and allow the account.

The application for. a mandamus is refused. It is no part of the duty of the auditor to determine the right to…