Law of Mandamus

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68 ; State v. Hickman, 10 Mont 8 State v. Hays, 50 Mo. 34.
497. 9 Fletcher v. Renf roe, 56 Ga. 674.
* Hommerich v. Hunter, 14 La. 10 State v. Cardozo, 5 Rich. (N. S. ) An. 225. 297.
§ 104. ] MANDAMUS TO EXECUTIVE OFFICERS. 121 pany, which had complied with the law entitling it thereto, 1 arid to stamp state bonds in the hands of private parties. 2 This writ has been issued to a state treasurer to compel him to surrender to a municipality its bonds issued in aid of a railroad company, but subseq
...uently adjudged to be invalid ; 3 in such case this proceeding is considered to be the only remedy which is admissible, because a sheriff with a writ of replevin should not be allowed to intermeddle with public papers. 4 "When an application is made for a mandamus to compel the state treasurer to pay a claim audited and allowed by the secretary of state, the court can examine into the question of the legality of the claim, but, if it is legal, the decision of the secretary as to the amount thereof is conclusive.

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