Sigur v. Crenshaw

This action is brought to recover from the defendant the-amount of fees and emoluments alleged to have been received by him as the Register of the Land Office, after the plaintiff, who superceded him, had been-duly commissioned and qualified. After an amicable request, to which the defendant refused to accede, the plaintiff proceeded by writ of mandamus to oust the defendant, and obtained a decree in his favor, as reported in 8th Annual, 422.

*298It is said by the defendant that there is no express warrant in our Code of Practice for such an action. This may bo true ; but we have no hesitation in…