People ex rel. Bruce v. Dunne

The denial of the writ in this case is based upon three grounds: (i) That respondents do not in their answer disagree with the relators as to the duties and powers of the canvassing board under the law, and as they express no unwillingness or refusal to properly canvass the vote and declare the result as the statute requires, the writ should not be awarded; (2) that the writ would be ineffective unless issued against the Governor, and the majority opinion holds the court has no power to issue a writ of mandamus commanding or directing him in the discharge of any duties conferred upon him; and…