State ex rel. Roberts v. Lawrence

The opinion of the court was delivered by

Benson, J.:

This is an action in mandamus to compel the defendant to pay over to A. C. Wheeler, who claims to be treasurer of Finney county, the money in the defendant’s hands or in his control, as former treasurer, and to deliver to Wheeler the books, records and papers belonging to the office of county treasurer of Finney county. An alternative writ has been issued and an answer filed. The case is submitted upon the pleadings and an agreed statement.

The material facts are as follow: At the general election held in Finney county in November, 1904, the…