| Isaac Grant Thompson - 1875 - 840 страници
...sufficiency. By section 467 of the Practice act, it is provided that the writ of mandamus shall issue " to any inferior tribunal, corporation, board or person to...duty resulting from an office, trust, or station; or to compel the admission of a party to the use or enjoyment of a right or office to which he is entitled,... | |
| 1875 - 942 страници
...mandate. It is provided in our code that writs of mandate may be issued from the circuit courts to any inferior tribunal, corporation, board or person, to...performance of an act which the law specially enjoins; or, a duty resulting from an office, trust or station. (2 G. & H. 322.) In the case of Frazer, Trustee,... | |
| Charles R. Brown - 1875 - 268 страници
...against in quo warranto. Mandamus means to order or command. It is the name of a writ issued to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law enjoins as a duty resulting from an office, trust or station. Habeas corpus is from the Latin,... | |
| California, Theodore Henry Hittell - 1876 - 986 страници
...court issued. SEC. 1085. It may be issued by any court, except a justice's or police court, to any death; 5. After proof of a partnership or agency,...a partner or agent of the party, within the scope or to compel the admission of a party to the use and enjoyment of a right or office to which he is... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 480 страници
...the same as it was at common law. It may be issued to any inferior court, corporation, board, officer or person to compel the performance of an act which...law specially enjoins as a duty resulting from an office of trust or station. (Civ. Code, I 583.) Two questions are raised by appellant on this appeal... | |
| Nevada. Supreme Court - 1876 - 518 страници
...of the writ is to have the trustees call an annual election, as provided by law. The writ is issued "to compel the performance of an act which the law specially enjoins as a duty resulting from an office." (Stat. 1869, 264, Sec. 447.) It cannot be held that there is any other plain, speedy or adequate... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1897 - 598 страници
...of mandate may be issued by any court in the territory, except a justice's or probate court, to any inferior tribunal, corporation, board or person, to...a duty resulting from an office, trust or station. * * *" It is clear that the law enjoined upon the defendant the duty of paying into the state treasury... | |
| Nevada. Supreme Court - 1877 - 518 страници
...respondents. Section 447 of the civil practice act provides that the the writ may be issued "to any inferior tribunal, corporation, board, or person to...duty resulting from an office, trust, or station." The principle on which the writ of mandamus is issued sit common law is well settled by the authorities,... | |
| Nevada. Supreme Court - 1877 - 1090 страници
...erroneous, without reviewing the action of the court below. The statute authorizes the issuance of the writ to "compel the performance of an act which the law...duty resulting from an office, trust or station." If the defendant had refused to dispose of, or hear the cause between Hotelling and the relator, the... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1901 - 614 страници
...the court or judge, any plain, speedy, and adequate remedy." The office of the writ of mandamus "is to compel the performance of an act which the law...duty resulting from an office, trust, or station." I do not think that the power granted by the constitution to this court to issue these writs is limited... | |
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