Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1881-05-07

The supreme court, having rslsgated this case
to the decision Of the inferior court. it is practi-
sally settled. ~ it has been twice decided by the
circuit court.
First ON December IL. 1850, Judge Wn. T..
Wood. the following judgment was rendered.
The State of Missouri at the relation Of George
Simmons vs.. B. T. John
court on fnal hearing in the above cause that
Thomas B. ClaKett commenced Q contest Of the
ones Of register and ex-ofacio treasurer Of the
city Of Lexington, before the city council, that
the said council finally determined said contest
by declaring that at the elsctlsn held June lst,
1850, there was . tie vote for said snics. and no
person was elected to said Office; that the COM
oil ordered q new ~slsstien to be held to All said
ONCE. to be held on the 5th day OF October,
isso. and that tho mayor CIV: pr@oclsms.,oa
said proclamation was made. and said election
WAS held; that on = canvass Of the return OF the
Thomas B. Clagett was elected to ssidnSnice;
and that the council ordered q commission tc is
sue to hin Is register and ex-eficis treasurer for
to the eolrt that said commission was Issued
and the said Thomas B. Clsgett qualified Is reg
lister and treasurer. gave bond and entered upon
the discharge OF his duties ~ such register aud
ex-saicio treasurer Of the city OF Lexington. and
was then, has been since. and 10 now, recoHuIz.
ed as such register aad treasurer by the city
council, and 10 in the possession Of said office,
whereby the said Clagett became and 10 new the
do Jaeto register and treasurer Of said city. and
~ Bucn ID eneltl0Q 70 QlDo0ArEe al the duties OF
said office, and have his acts a. suoh register
and treasurer respected by all city eAlcsrs inclu-
ding the mayor. and by all other persons. until
his said commission 10 set aside by the proper
court on proper proceedings; and whereas 1t
further appears that said city 10 indebted to the
said George lmnon in the sum OF SIX dollars;
that the same has been presented to and spprov-
Cd by the proper city. officers az correct. and has
alse been Allowed BY the city council, and a
warrant ordered to issue therefor On the treasu-
rer; and whereas it further appears to the court,
that Thomas B. Clagstt, having received said ac-
count from the council for the purpose OF draw
ing and oountersigning a warrant therefor. that
he has drawn and oountersigned a warrant Tor
the same, but that Benjamin T. John the mayor
Of said city refuses to sign the same. and the said
BENJAMIN T. John. respondent herein, having
failed to show any good reason why 10 should
not sign said warrant in faver OF saidGeorRs0im-
mons. and having furthermore failed - show
any good cause Why the alternative writ OF mag
damus Issued herein should not be made psremp-
tory; 1t il ordered and adjudged by tho court
that said alternative writ Of mandAmas be made
peremptory, and that the respondent be, and he
is hereby ordered and required 10 Immediately
Sign the said Warran3 IN favor Of rs!ator for six
dollars, with the sane countersignSd by Thomas
b. Clagett register of said city, and that relator
George Simmons, recover 81 the respondent,
benjamin T. John, his costs herein expended.
Again. on January II. 1881, Judge John P.