¶1This mode of return is objectionable. I think that the officer ought to serve the writ on the parties themselves and return the fact that he has done so. This might give rise to controversy; still, under the special circumstances, I will give you the peremptory writ, but I think that ought to be served on the individual members of the board.
7 F. Cas. 1011
Downs v. Rock Island County
U.S. Circuit Court for the Northern District of Illnois
Decided January 15, 1869
U.S. Circuit Court for the Northern District of Illnois · decided 1869-01-15
Alternative writ of mandamus was served on the clerk of the board of supervisors of Bock Island county, and service admitted by such clerk, “by order of the board.” Application was made that a peremptory writ issue.
Decided 1869-01-15