State Ex Rel. Crow v. Carothers

This is a proceeding, in mandamus wherein relator seeks to compel respondent, who is city clerk, to certify to the common council of the City of Kirksville a certain petition for an election to elect a successor to one O. M. Hutchinson as one of the councilmen for said city. After a hearing a peremptory writ was ordered by the trial court.

Kirksville is a city of the third class and this proceeding! is founded upon section 19, Laws 1913>, p. 528, known as the “recall’'’ statute, which reads ájs follows: “The procedure’to effect the removal of an encumbent of an elective office shall be as…