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" On the other hand, where the question is one of public right, and the object of the mandamus is to procure the enforcement of a public duty, the people are regarded as the real party... "
Reports of Contested Election Cases in the Senate and House of ... - Page 133
1922 - 240 pages
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Public Documents of Massachusetts, Volume 2

Massachusetts - 1835 - 1442 pages
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 59

Connecticut. Supreme Court of Errors - 1891 - 662 pages
...and duty to secure safe highways. It is stated in High on Extraordinary Remedies, sect. 431, that " when the question is one of public right and the object...public duty, the people are regarded as the real party, and the relator at whose instigation the proceedings are instiState's Attorney ». Selectmen of Branford....
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 38

Ohio. Supreme Court - 1883 - 796 pages
...regarded as the real party in interest and his rights must clearly appear. On the other hand, where the question is one of public right and the object...public duty, the people are regarded as the real party, and the relator need not show that he has any legal or special interest in the result, it being sufficient...
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A Treatise on Extraordinary Legal Remedies: Embracing Mandamus, Quo Warranto ...

James Lambert High - 1874 - 726 pages
...regarded as the real party in interest and his rights must clearly appear. On the other hand, where the question is one of public right and the object...public duty, the people are regarded as the real party, and the relator at whose instigation the proceedings are instituted need not show that he has any legal...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 11

Nevada. Supreme Court - 1877 - 518 pages
...— Earll, J. Ohio, Indiana, Illinois, and Iowa, which hold the opposite doctrine, and maintain that when the question is one of public right, and the...is to procure the enforcement of a public duty, the relator is not required to show that he has any legal or special interest in the result, it being sufficient...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 17

Florida. Supreme Court - 1879 - 1096 pages
...of Nevada, (11 Nev., 223,) after reviewing the leading American cases, comes to the conclusion that "when the question is one of public right, and the...is to procure the enforcement of a public duty, the relator is not required to show that he has any legal or special interest in the result, it being sufficient...
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The Ohio Law Journal, Volume 3

1883 - 818 pages
...regarded as the real party in interest and his right? must clearly appear. On the other hand, where the question is one of public right and the object of the tnamlamue is to procure the enforcement of a public duty, the people are regarded as the real pprty,...
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The Pacific Reporter, Volume 25

1891 - 1158 pages
...county officer to hold or keep his office at the place to which it is alleged to have been removed. When the question Is one of public right, and the object of the mandamus is to enforce the performance of a public duty, it is sufficient for the relator to show that he is a resident...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 79

Virginia. Supreme Court of Appeals - 1885 - 770 pages
...regarded as the real party in interest, and his rights must clearly appear. On the other hand, where the question is one of public right, and the object...public duty, the people are regarded as the real party, and the relator, at whose instigation the proceedings are instituted, need not show that he has any...
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Atlantic Reporter, Volume 22

1892 - 1158 pages
...power and duty to secure sufe highways. It is stated in High on Extraordinary Remedies, § 431, that" when the question is one of public right, and the...public duty, the people are regarded as the real party, and the relator at whose instigation the proceedings are instituted need not show that he 1ms any special...
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