The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1864-02-03

supreme COurt Of Ohie-Oeetst0u
Of the Court ia the Contested
EIectt61 CastS-Ghe' Cdnstftu-
[, tioawItiy 20 The soldierN Noting
Law MOI ssisIatneci -
oenuperdet,e.srtl, Cincinnati Enquirer.
.ra. ~ .c, LuHsvs, January 26
The supreme Court o. Ohin al Us. sting
this morning, Hon. W. v P,sk, Chief. Jus,
ties; lion. 8. Brink rht n. josiah. Stoit, r.
-P. Rsnney end Horace Wilder. Judges be-
ing present, rendered the following deef ion
in the Wysndo, County election cases. The
case is OF general interest. u asmDeh as there
are several counties in the State where Dem
oefa,ic csndidsteshave Ieeeived eeItifica' es
Of eleciloi, under crcumstal ces similar 70
these in Wyahdor County, snd aho ate,
nader this dGciAiqp. DECLARED entitled 10 thsiI
N. as TIE sfals OF obioex rsI.s Ararew
7 R lngerscn Is CIftis Berry. Jr, CleIk o.
The ComuloD Pleas Of Wsandot ceunty-
Motion sor perenptory lpapdanus. lsl
ScoTT J.
The Clerk Of the Court OF Conmon Pleas
Of W yanda, CorBty. with two Justices o.
the Peace Of bis eoasty. having opened his
returns OF votes poiled by the electors o
said county st tie election for State and
County. officers. held on the second Tuesday
| oil October. 1868 Ji.jsc,ed. in good siih, .
part oi said returns, Ss illegal, and refused
p. to incorporate them inio the sbsasct ext.lb
i;;ng the result OF the election, and thereup
on declared NJ, duly elected Sheriff OF ssid
county, in ron orni,y with the result OF. ibI
abstract they made, and gate him cer'i
, ficate OF election. Had The votes included
/ in the rejected returns been counted, ths
! election ior Sheriff would have resulted IL
| favor OF |. Notice Of Intention TO contest
the right OF NJ. 10 the oftics. was tEeteupor
given by l., who took the necessary steps iol
perteciing his appeal and giving jurisdiction
Of the whole case to the Court OF Cou.moI
Pleas Of Wyundot County. Pending thi'
appeal, and after the expiration OF the tim,
| limited by statute for IN stItuting g. contest
| in regsrd to the result OF the election, sp
plication was maze, on he relation OF ioi
peremptory writ Of mandamus. requiring
the Clerk to proceed TO the proper dischaigt
Of hrs statutory du,ies, by counting the 70
turns which were alleged to have been im
properly excluded BY him. and declaring tn.
relater duly elected 10 the Office Of sheriff
and giving him certificate accordingly
Held: " w."
That, assuming the Clerk to have erred il
tb e attempted Eerormsuce OF his duty. snc
that the rela;oI tad,s clear legal right Il
] have the rejected returns counted by tb
| Clerk and justices, and 10 demand and re
ceiye certificate o his election, at the prop
er lime, yet the remedy by mandnmu
! would under he ciicn,ns ances stated, b.
no longer, adj qua,e, or appropriate. r,
q A cGriest, OH appeal TO the Court OF Co IN
mon Pleas, is he specific remedy provides
by Statute tor the correction OF oil errors
/ frauds and mistakes which may occur in tn
process Of sscertsihing and declaring The pub
lie will as expressed through the ballot. hox
es. ..... ..I.
When such appeal IS perfect the whole sub
ject matter is Withdrawn from the sphere Q
| the Clerk and Justices statutory. power q
action, and they become Juncti 1icio.
When an iniervr board or tribunal has faile,
TO perform ministerial duty at the propc
time, aud irs execution is no longer consis
tent with the substantial rights Of other par
ties or with public interest. the writ will no
4 be issued.,o compel its Performance. it,s
Mr., when it can be .een, that the writ il
its operation, must prove Ab0ra.ive and iiuit
less TO tie ielstor.
Peremtory. Wi, refused - Ee
Nos. "a. rs, 26, 27, 2a, 20, 80, 81. 80, be
ing motions, by ether IelAtors. candidates a
the election in Wyardot County, tor 3 pc
re,Dptory lnandamus against the Clerk, al,
dis posed OF in the same way that No. % is
according to previous agreement. between
| counsel. . ,.,,. ., ,t,,..