County Commissioners v. Banks

Citations

• 80 Md. 321
• 30 A. 919
• 1894 Md. LEXIS 137

Syllabus

<p>Mandamus — Office of County Treasurer — Official Records.</p> <p>A neglect to discharge a public duty, or circumstances which clearly evince an intention not to do the act required, will furnish a sufficient foundation for issuing the writ of mandamus.</p> <p>An Act of Assembly appointed the petitioner Treasurer of Cecil County until the next general election, and directed that he should also serve as secretary of the County Commissioners, and have possession of all their books and papers, as well as those of the office of treasurer. The petitioner, after having qualified, demanded . from the County Commissioners the possession of the books and papers belonging to the office of County Treasurer, with which demand they refused to comply, alleging that a third party then filled the office of treasurer, and that they had no power to eject him. Held,</p> <p>That since such third party was not a trespasser, but was in possession of the books, etc., as the appointee of the commissioners, and was their servant, it was the duty of the commissioners to comply with said demand, and a writ ol mandamus was properly issued to enforce delivery to the petitioner of the books and papers of which the Act made him the custodian.</p> <p>The petition in this case also alleged that after the passage of the above-mentioned Act, the County Commissioners admitted a certain person to the office of County Treasurer, and delivered to him the books and papers of the office, and that he refused to deliver them to the petitioner. Held,</p> <p>That both this person and the commissioners were amenable to the writ.</p>