State ex rel. Ingerson v. Berry
Ohio Supreme Court
Application for a peremptory mandamus. On December 22,1863,' on tbe petition of the relator, An•.drew R. Ingerson, an alternative writ of mandamus was issued out of this court, directed to the defendant, Curtis Berry, jr., clerk of the court of common picas of Wyandot county.
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Application for a peremptory mandamus. On December 22,1863,' on tbe petition of the relator, An•.drew R. Ingerson, an alternative writ of mandamus was issued out of this court, directed to the defendant, Curtis Berry, jr., clerk of the court of common picas of Wyandot county. The writ recites, in substance, that It had been suggested to the court: That Ingerson, the relator, a citizen and voter of said county, was eligible to the office of sheriff of said county, and that the term of the incumbent of that office would expire on the ■first Monday of January, 1864. That, at the annual election…
1Opinion of the CourtScott, J.
The first inquiry which arises in the consideration of this case, is, whether, assuming that the clerk and justices should have included all the poll-books returned to the clerk, in their abstract; and that it was the plain duty of the-clerk to have declared the relator duly elected to the office of sheriff of Wyandot county, and to have given him a certificate-of his election; the relator can, at this time, and under the circumstances disclosed by the writ and answer, which constitute the pleadings, call for the intervention of this court by writ of mandamus ?
The writ of mandamus, is, at the…
2Cases cited2 opinions
- In re TurnerOhio Supreme Court · 1832
- Smith v. Commissioners of Portage CountyOhio Supreme Court · 1839