A Treatise on Extraordinary Legal Remedies: Embracing Mandamus, Quo Warranto, and Prohibition |
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Page 13
... sought to coerce.2 The test to be applied , there- fore , in determining upon the right to relief by mandamus , is to inquire whether the party aggrieved has a clear , legal right , and whether he has any other adequate remedy , since ...
... sought to coerce.2 The test to be applied , there- fore , in determining upon the right to relief by mandamus , is to inquire whether the party aggrieved has a clear , legal right , and whether he has any other adequate remedy , since ...
Page 14
... sought to coerce by the writ will refuse to perform their duty when the proper time arrives . It is , therefore , incumbent upon the relator to show an actual omission on the part of the respondent to perform the required act , and ...
... sought to coerce by the writ will refuse to perform their duty when the proper time arrives . It is , therefore , incumbent upon the relator to show an actual omission on the part of the respondent to perform the required act , and ...
Page 15
... sought , demand and refusal are held to be necessary as a condition precedent to relief by mandamus , in the former class , the duty being strictly of a public nature , not affecting individual interests , and there being no one ...
... sought , demand and refusal are held to be necessary as a condition precedent to relief by mandamus , in the former class , the duty being strictly of a public nature , not affecting individual interests , and there being no one ...
Page 16
... sought without a mandamus . But it is important to observe , that while the impossibility of performing the act sought by the writ is ordinarily a sufficient objection to the exercise of the jurisdiction , yet it is otherwise where such ...
... sought without a mandamus . But it is important to observe , that while the impossibility of performing the act sought by the writ is ordinarily a sufficient objection to the exercise of the jurisdiction , yet it is otherwise where such ...
Page 20
... sought , it is well established that the existence of a remedy by indictment for the omission of duty or other grievance complained of , constitutes no objection to granting the extraordinary aid of a mandamus . An indict- ment , at the ...
... sought , it is well established that the existence of a remedy by indictment for the omission of duty or other grievance complained of , constitutes no objection to granting the extraordinary aid of a mandamus . An indict- ment , at the ...
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Common terms and phrases
action alleged allowed alternative writ amotion appeal application attorney authority Bank Barb bonds charter circuit court City claim common council common law Common Pleas Commonwealth constitution County Court damus decision demurrer determine discretion doctrine duty election enforce entitled executive exercise facts granted to compel held incumbent inferior court interfere issue Judge judgment of ouster judicial Justices kings bench levy lie to compel mandamus to compel matter Mayor ment ministerial motion municipal corporation municipal officers nature Ohio St party aggrieved payment peremptory mandamus peremptory writ person pleadings prerogative writ principle proceedings prohibition proper properly public officers quash Queen question quo warranto railway refused regarded relator relief respondent rule to show show cause sought statute of Anne sufficient Supervisors Supervisors of Albany supra tion United usurpation vested Wend writ of error writ of mandamus writ of quo
Popular passages
Page 416 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 417 - When an instrument organizing fundamentally a judicial system divides it into one Supreme and so many inferior courts as the Legislature may ordain and establish; then enumerates its powers, and proceeds so far to distribute them as to define the jurisdiction of the Supreme Court, by declaring...
Page 416 - The Secretary of State, being a person holding an office under the authority of the United States, is precisely within the letter of the description; and if this court is not authorized to issue a writ of mandamus to such an officer, it must be because the law is unconstitutional, and therefore absolutely incapable of conferring the authority, and assigning the duties which its words purport to confer and assign, The constitution vests the whole judicial power of the United States...
Page 417 - If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power, and the tribunals in which it should be vested.
Page 106 - A writ of mandamus is, in general, a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Page 30 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 418 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 443 - A writ of quo warranta is in the nature of a writ of right for the king, against him who claims or usurps any office, franchise, or liberty, to inquire by what authority he supports his claim, in order to determine the right...
Page 25 - ... acts or duties necessarily calling for the exercise of judgment and discretion, on the part of the officer or body at whose hands their performance is required, mandamus will not lie.
Page 283 - It is equally clear that where a State has authorized a municipal corporation to contract and to exercise the power of local taxation to the extent necessary to meet its engagements, the power thus given cannot be withdrawn until the contract is satisfied.