Anderson v. Colson , 1 Neb. 172 ( 1871 )

Mason, Ch. J.

The pleadings show that there is a dispute who is treasurer of the school district. We cannot try that question upon an application for a mandamus. The applicant must first establish, by the proper process, his right to the office by which he claims the writ. Having done that, this application will be in order. Mr. Justice Curtis in ex rel. Goodrich v. Guthrie, secretary of the treasury, 17 Howard, 305. The petition is dismissed.