King v. Mayor Quincy

FIELD, J. This is a petition for a writ of mandamus to compel the respondent, the Mayor of the City of Quincy, to recognize the petitioner as the auditor of accounts of that city. The petition was dismissed as matter of law and the petitioner excepted. On February 29, 1928, the person who was performing the duties of auditor of accounts died. On or about that date the respondent purported to appoint one Elizabeth N. Dunn to the position. She has taken the required oath and is performing the duties thereof. On March 5, 1928, the city council purported to elect the petitioner to the position. He also has taken the required oath.