 | United States. Supreme Court, William Cranch - 1804 - 514 страници
...complained of, authorize the procefs ? It is not by the office of the perfon to whom the writ is direfted, but the nature of the thing to be done that the propriety or impropriety of iffuing a mandamus, is t7be determined. Where the head of a department acts in a cafe, in which executive... | |
 | United States. Supreme Court, William Cranch - 1812 - 486 страници
...duty, an injured individual has a right to resort to the laws of his country for a remedy, id. 166 21. The propriety, or impropriety of issuing a mandamus is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to be... | |
 | Nicholas Baylies - 1814 - 478 страници
...an injured individual has a right to resort to the laws of his country for a remedy. Ibid. 166. 73 The propriety, or impropriety of issuing a mandamus is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to be... | |
 | Nathan Dane - 1824 - 768 страници
...compel a secre- Madison." tary of state to deliver a commission to which the party is entitled : 2. That the propriety or impropriety of issuing a mandamus, is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to he... | |
 | Jonathan Elliot - 1836 - 680 страници
...considers himself injured has a right to resort to the laws of his country for a remedy. Ibid. 24. Where the head of a department acts in a case in which...executive discretion is to be exercised, in which ho is the mere organ of executive will, any application to a court to control, in any Respect, his... | |
 | Connecticut. Supreme Court of Errors - 1892 - 664 страници
...If the former, then the court cannot assent to it. It is the nature of the thing to be done by which the propriety or impropriety of issuing a mandamus is to be determined, and not the office of the person to whom the writ is directed, nor the source from which he derives... | |
 | Illinois. Supreme Court - 1913 - 710 страници
...Marshall said in Marbury v. Madison, i Cranch, 137: "It is not by the office of the person to whom the writ is directed, but the nature of the thing...impropriety of issuing a mandamus is to be determined." The question of the jurisdiction of a court to award a writ of mandamus against the Post-master General... | |
 | United States. Supreme Court - 1861 - 704 страници
...of judicial proceeding. 12 Peters, 614; 2 Peters, 450. It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the proCommonwealth of Ky. v. Denntson, Governor, &c. priety or impropriety of issuing a mandamus is to... | |
 | Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - 1870 - 708 страници
...individual the party complained of, authorize the process ? It is not by the office of the person to whom the writ is directed, but the nature of the thing...exercised; in which he is the mere organ of executive [ * 171 ] will; it is *again repeated, that any application to a court to control, in any respect,... | |
 | Charles Sidney Whitman - 1871 - 734 страници
...It was held, in the case of Marbury v. Madison, that " It is not by the office of the person to whom the writ is directed, but the nature of the thing...impropriety of issuing a mandamus is to be determined. AVhere the head of a department acts in a case in which executive discretion is to be exercised, in... | |
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It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done that the propriety or impropriety of issuing a mandamus, is to be determined. 
