People ex rel. Thompson v. Cover

Citations

• 50 Ill. 100

Syllabus

<p>1. Mandamus—of the jurisdiction—where there is another adequate remedy. The rule is firmly established, that where there is another adequate remedy. available to the party, by which he can obtain relief, a court will not award the writ of mandamus. It is only in cases where a party has a right and no other remedy has been provided, that mandamus lies.</p> <p>2. So, where the votes cast at an election for sheriff have been duly canvassed, and a certificate of election issued to the person declared elected, a writ of mandamus will not be awarded to compel che county clerk to issue a certificate of election to another person who claims to have been elected instead of the one to whom the certificate has been issued; as in such case, the party asking the writ of mandamus has an adequate remedy under the statute providing the mode for contesting the election.</p>