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" 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... "
The Statutes of the Territory of Kansas - Страница 161
по Kansas - 1858
Пълен достъп - Информация за книгата

The Pacific Reporter, Том 31

1893 - 1176 страници
...The principiéis elementary that the •writ of niand'irnns lies to compel the performance of an net which the law specially enjoins as a duty resulting from an office, trust, or station. The writ lies in a proper сане to compel action, but not to control discretion. Jf the secretary...

The Pacific Reporter, Том 32

1893 - 1164 страници
...name of the territory [state] to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins as a duty resulting from un office, trust, or station." Rev. St. Wyo. § 3073. Tills court held that the legal und proper returns...

Reports of Cases Decided in the Supreme Court of the State of South ..., Том 32

South Dakota. Supreme Court - 1914 - 748 страници
...the writ only to an inferior tribunal, corporation, board, or person, to compel the performance uf an act, which the law specially enjoins, as a duty resulting from -:n office, trust, or station." The question to be decided then is: Is the publication of legal notices...

Ohio Legal News, Том 1

Jay Ford Laning - 1894 - 628 страници
...in the name of the State, to an inferior tribunal, a corporation, board, or person, commandiug the performance of an act which the law specially enjoins...duty resulting from an office, trust, or station." And it is held, and of course is a matter of common knowledge in the law, that the writ will not issue...

Annotated Statutes of the State of Indiana: Showing the General Statutes in ...

Indiana, Harrison Burns - 1894 - 1050 страници
...Ind. 445. 1182. (1168.) To whom, and for what purpose.— 804. Writs of mandate may be issued to any inferior tribunal, corporation, board, or person,...performance of an act which the law specially enjoins, or a duty resulting from an office, trust, or station. A mandate is never used to control the method...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 8

1909 - 942 страници
...provides that the writ of mandate "may be issued by any court except a justice's or police court to any inferior tribunal, corporation, board, or person to...duty resulting from an office, trust or station," and section 1086, expresses the legislative command that the "writ must be issued in all cases where...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 47

1922 - 948 страници
...1085 of the Code of Civil Procedure provides that a writ of mandate "may be issued ... to any . . . person to compel the performance of an act which the...a duty resulting from an office, trust or station. ..." Here, then, are indicated various methods which appellant might have pursued, and by so doing...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 6

1908 - 924 страници
...respondent in accordance with the answer is supported. ID. — WHEN MANDAMUS LIES. — Mandamus lies only to compel the performance of an act which the law...a duty resulting from an office, trust or station, and will not lie at the suit of anyone who has a mere cause of action against a public officer. APPEAL...

Reports of Cases Determined in the District Courts of Appeal of the ..., Том 74

1927 - 966 страници
...the demurrer at all. It is in this aspect alone of the case that the court has declined to perform "an act which the law specially enjoins, as a duty resulting from an office, trust, or station." (Code Civ. Proc., sec. 1085.) The demurrer to the petition herein is overruled. Let the peremptory...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 74

1927 - 964 страници
...the demurrer at all. It is in this aspect alone of the case that the court has declined to perform "an act which the law specially enjoins, as a duty resulting from an office, trust, or station." (Code Civ. Proc., sec. 1085.) The demurrer to the petition herein is overruled. Let the peremptory...




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