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People of the State of Illinois ex rel. Howard A. Boender, Appellant, v. William F. Propper, Appellee.

MANDAMUS, § 57.1 — writ of mandamus to compel supervisor to submit accounts for audit denied. Where a writ of mandamus was sought to compel the township supervisor and ex officio overseer of the poor to submit his relief administration accounts to the town board of auditors twice a month, and it appeared that the supervisor complied with all the rules and regulations of the relief commission in keeping the accounts and they were audited by the commission, the petition for the writ was properly denied, since the writ of mandamus is not a writ of absolute right but can be granted or withheld as here in the exercise of sound discretion under all the circumstances.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed December 30, 1941.

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PEOPLE EX REL BOENDER v. PROPPER
(Dec 30, 1941)