#### Joseph M. Street, Plaintiff in Error, v. The County Commissioners of Gallatin County, Defendants in Error.

ERROR TO GALLATIN.

A peremptory mandamus will issue to a county commissioners’ court to compel them to restore a clerk, the cause of whose removal is not stated on their records.

Opinion of the Court by

Justice John Reynolds.

This is a mandamus to restore Street to the office of clerk of the county commissioners’ court of Gallatin county. It is proved to this court, that the commissioners have been served with said writ and made no return thereto; but the record of the county commissioners’ court, containing all the matters of fact in relation to the case, was produced by said Street, which record this court received for the return to the writ, and acted on it accordingly.

As the statute law of this state requires the cause of removal to be stated on the records of the court, and there appearing on the record returned here, no cause of removal stated, it is considered by this court, that the said county *51commissioners’ court had no power to remove said Street and appoint another clerk to said court, therefore it is ordered that a peremptory mandamus issue, if necessary, to restore said Street to his office.