San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-03-24
PETITION FOR MANDAMUS.

PETITION FOR MANDAMUs.
THE STATE OF TEXAS,
COUNTY OF BEXAR,
In the Honorable district Court of BeXar
County, 37th.Judicial District OF Texas;
To the Honorable Geo. H. Noonan,
Judge of said Court:
Your petitioner. Anton Seffel, herein
after styled plaintiff, complaining of
Il. Callaghan and E. p. Claudon, herein
after styled defendants, most respectfully
represents:
[. That both plaintiff and defendants
are resident citizens of BeXar county,
Texas.
III. That defendant, B. Callaghan, is the
duly qualified and acting mayor OF said
CITY OF San Antonio, and that defendant
u. P. Claudon, is the duly appointed and
acting clerk of said city of San Antonio.
III. That said city of San Antonio is
municipal corporation containing more
than 10000 inhabitants, duly chartered
by the legislature of the state of Texas,
by special acts, which are made public
acts by the terms thereof.
". That on the 9th. day OF February.
1891, an election was held in and by said
city of San Antonio, for various city Off
GERS, among which was the office of city
marshal of said city, and at which said
election plaintiff was candidate for said
office and received a large number Of votes
therefor. but that the returns as made 20
said defendant, b. Callaghan as mayor,
are claimed to show that his opponent,
Phil. Shardein, received larger number
of votes than this plaintiff, and a certiti--
cate of election has been issued to said
Shardein for said office.
V. That by the terms of said charter
OF said city of San Antonio, the said
mayor is made the proper officer to receive
one set of returns OF all city elections
such as polI-lists and tally sheets, and
that the said city clerk is made the legal
custodian of another set of such returns,
in accordance with the general laws of
the state OfTeXas, governing electionS,a and
that said pOll-listS and tally-sheets have
been so received by said Callaghan and
Claudon and that by reason of the provis-
ions of said charter and laws aforesaid.
plaintiff is entitled to inspect all such poll
lists and tally sheets at all reasonable tint
within oney ar from and after saidelecticn
to-wit: from the 9th day Of February, A.
D.. 1891.
That said defendant, B. Callaghan,
mayor as aforesaid, and E. p. ClaudOn,
city clerk as aforesaid, have hitherto
illegally and wrOngfully denied plaintiff
his right to inspect the aforesaid pOll-lists
and tally sheets of said election, now in
their custody, and though requested by
plaintiff, still positively refuse to permit
plaintiff to inspect said poll lists and
tally sheets to plaintiffs great damage.
Wherefore, premises considered, plant
if prayS for alternative writS OF man
damus, to be served upon each OF said
defendants Callaghan and Claudon, re-
curing each of said defendants to answer
hereto at your honor'S earliest convent
ence, and to show cause, If any they
have, why peremptory writs OF mandamus
should not issue, commanding said de-
PENDANTS and each of them, to permit
plaintiff to inspect the poll lists and tally
sheets of said election as aforesaid, at any
and all times not exceeding one year from
said 9th. day of February, A. d., 1891.
Plaintiff further prays for all costs, and
for general and special relief.
w. w. MAILING.
Attorney for Plaintiff, Anton Seffel.
THE STATE OF TEXAS,
COUNTY OF BEXAR.
Anton Seffel, being first duly sworn,
upon oath says that the facts set out in
the foregoing petition are true.
ANTON SEFFEL.
Sworn to and subscribed before me, this
the oath, day Of March, A. ID. 1891.
HENRY UMsCHEID,
elk. d. c. b. Co. Tex.
Judge NOOuan Immediately endorsed on
the above petition the following order:
THE clerk of the DistrictCOurt Of Bexar
county will issue the writS as prayed for,
returnable on Saturday, March 2S, 1891.
G. II. NooNAN,
Dist. Judge"
The writs will probably be served some
time to-day.