
    The People ex. rel. William Cuthbert v. The Common Council of Detroit.
    
      Mandamus: Public office: Common Council. A writ of mandamus is not the proper proceeding to try the right to a public office.
    
      Heard and decided April 28.
    
    Motion for a mandamus.
    
    The relator claimed to have been elected by the Common Council of Detroit to the office of assessor; but that the Council wrongfully deprived him of the office by refusing to count the vote of one of the members in his favor. He therefore applied for a mandamus to compel them to count such vote, and to declare him elected.
    
      D. O. HoTbroolc, for the motion.
   The Court held that mandamus was not a proper proceeding to try the right to a public office, and declined to make an order to show cause.  