1 Kirby 345
Decided November 15, 1787
Connecticut Superior Court · decided 1787-11-15
The last term, Mr. Eeeve and Mr. Tracy, moved —- That a mandamus might issue against Jedidiah Strong, Esq. town clerk and register of… Held: or elections made, or such acts done, witliin the times fixed for that purpose, etc. To remedy which mischief,” etc. — • That this statute is fully descriptive of the object of a mandamus, and of the occasions on which it is to be used: That it is a writ supposed to be founded on necessity, and issuable only where no other remedy is…
Decided 1787-11-15
¶1Tbe court ordered a mandamus to issue, returnable the next term.
¶2Note. — At February term, 1788, tbe mandamus was returned; and tbe court was requested to direct wbat should be tbe rule of proceeding, in trying tbe sufficiency of tbe return; wbetber tbe common law, as it stood before tbe stat. 9 Anne, or that statute; and tbe court said, tbe statute of Anne should be tbe rule of proceeding.