State v. Lewis
Superior Court of Delaware
Mandamus by the State of Delaware, on relation of James Saulsbury, against Jacob Hadley Lewis and others, as members of the Department of Elections for the City of Wilmington. Peremptory writ of mandamus issued for part of the relief prayed for, and denied for part.
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Mandamus by the State of Delaware, on relation of James Saulsbury, against Jacob Hadley Lewis and others, as members of the Department of Elections for the City of Wilmington. Peremptory writ of mandamus issued for part of the relief prayed for, and denied for part. On July 8, A. D. 1914, in vacation, the relator filed a petition and accompanying affidavits with the prothonotary for New Castle County, praying that a rule issue out of the Superior Court, in and for said county, directed to and requiring the respondents, constituting the members of the Department of Elections for the City of…
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
This is a motion to quash the return for insufficiency, uncertainty, argumentativeness and as being contrary to law.
This motion is resisted for three reasons: First, that the answer conclusively shows that the Department of Elections in the appointment of said registration and election officers acted within its discretion and in accordance with the law; second, that in the manner of making the appointments the provisions of the statute are merely directory and not mandatory; and third, that if the court should hold, that the provisions of statute…
2Cases cited16 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
- Rathbone v. . WirthNew York Court of Appeals · 1896
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3Cited by3 opinions
- State Ex Rel. James v. SchorrSupreme Court of Delaware · 1948
- State v. SchorrSuperior Court of Delaware · 1948
- State Ex Rel. James v. SchorrSupreme Court of Delaware · 1948