State ex rel. Bowman v. Drury
State ex rel. Bowman v. Drury
Opinion of the Court
This is a similar case to that of State ex rel. v. Buck, in which an opinion has this day been filed, except that in this case the relator, as one of the judges of the county court of Scott county, claims the right to a mandamus to require respondent, as county treasurer, to deliver over his books for relator’s inspection by reason of section 3768, Revised Statutes of 1909, which is as follows: “He shall make duplicate receipts in favor of the proper person, for all moneys paid into the treasury, and keep the books, papers and moneys pertaining to his office at all times ready for the inspection of the court, or any judge thereof. ” . •
Eliminating all statutory construction in this case, as we did in the Buck case, we have a controversy wherein a county officer claims the right to deprive another officer of the right to discharge his duties prescribed by law under circumstances from which no beneficial results could accrue to the relator or any advantage to the county if he should prevail. Neither is it apparent that the relator was forever, or at all after the State auditor completed his work, denied the right claimed by him.
The reasons advanced for refusing the relief sought in the Buck case are applicable and adopted here. The peremptory writ is denied at the cost of the relator.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.