State Ex Rel. Swart v. Stucky

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from the denial of a writ of mandamus seeking to compel the clerk and recorder of Gallatin County to file an instrument submitted by appellant Charles R. Swart pursuant to section 11-3872, R.C.M.1947.

The parties are Charles R. Swart, a registered land surveyor (hereinafter referred to as appellant), and Carl Stueky, clerk and recorder of Gallatin County (hereinafter referred to as respondent).

The facts can be summarized in this manner: Appellant was hired by one Priscilla Schütz to complete a survey of a tract of…