State Ex Rel. Freeling v. Lyon

Citations

• 165 P. 419
• 63 Okla. 285
• 1917 OK 229
• 1917 Okla. LEXIS 548

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Courts — Mandamus in Appellate Court— Matters of Public Right — Delivery of Notaries’ Commissions.</p> <p>The delivery of commissions to notaries public throughout the state and the refusal of the secretary of state to deliver such commissions to the persons appointed by the Governor is pu-blici juris, and this court will entertain an original action brought by the state, upon relation of the Attorney General, for mandamus directing the secretary to deliver the commissions.</p> <p>2. Mandamus — Public Officers— Ministerial Duties.</p> <p>It is the duty of the secretary of state to deliver the commissions to the notaries public appointed by the Governor of the state, and this duty is ministerial. Upon the refusal of the secretary to perform this duty, a writ of mandamus may issue from the court to compel him to do so.</p> <p>3. Same.</p> <p>A writ of mandamus may lawfully issue from a court having jurisdiction to compel an executive officer to perform a mere min-isteral act which the law imposes upon him the duty to do.</p>