Ross v. Miller

Relator seeks a peremptory or alternative writ of mandamus, commanding respondents to “declare” relator “duly, legally appointed and elected to the municipal council of the city of Clifton,” and to administer to him the customary oath of office.

Passing the question of the propriety, in the circumstances here presented, of the remedy thus invoked, it is clear that relator’s title to the office in question has not been established; and, that being so, he has not made out a case for relief in any form.

These are the essential facts: The city of Clifton exercises its governmental functions under…