 | 1897 - 1158 pages
...Under Gen. St. § 34G9, providing that mandamus may issue to compel the admission of a party to the enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded, and section 3470, providing that such writ shall issue when there is not a speedy and adequate remedy... | |
 | 1893 - 1182 pages
...plaintiff, and finally adjourned. A writ of mandamus " may be issued to compel the performance of any act which the law specially enjoins as a duty resulting from an office, trust, or station. " Section CSS of the (.'ode. "A want of a 'plain and adequate' remedy, in the ordinary course of the... | |
 | 1885 - 956 pages
...v. Monumental SM Co. 9 Or. 43. "It may be issued to any inferior court, corporation, board, officer, or person, to compel the performance of an act which...duty resulting from an office, trust, or station. * * * The writ shall not be issued in any case where there is a plain, speedy, and adequate remedy... | |
 | Isaac Grant Thompson - 1885 - 944 pages
...issued in the name of the State, to an inferior tribunal, a corporation, board or person, commanding the performance of an act, which the law specially enjoins...a duty, resulting from an office, trust or station (R S., § 6741). The writ must not be issued in a case where there is a plain and adequate remedy in... | |
 | Montana. Supreme Court, Henry Nichols Blake - 1887 - 682 pages
...mandamus may be issued by any court in this territory, except a justice's, probate, or mayor's court, to any inferior tribunal, corporation, board, or person,...duty resulting from an office, trust, or station, in all cases where there is not a speedy, plain and adequate remedy in the ordinary course of the law.... | |
 | Ohio, William Henry Whittaker - 1887 - 688 pages
...in the name of the state, to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law specially enjoins...duty resulting from an office, trust, or station. [51 v. 57, §569; S.&C. 1124.] Attorney's fees. Mandamus to compel payment of attorney's fees, see... | |
 | 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 - 1887 - 654 pages
...not find that the payment of tuis money by the appellant to the treasurer of Morrow County is " un act which the law specially enjoins as a duty resulting from an office, trust, or station." Our attention has not been called to any statute which creates or imposes the duty, and we know of... | |
 | Colorado. Supreme Court - 1888 - 688 pages
...that " the writ of mandamus may be issued * * * to any inferior tribunal, corporation, board, officer, or person, to compel the performance of an act which...duty resulting from an office, trust or station." Also to the following quotation from High, Extr. Bem. § 80 (and to many other authorities of similar... | |
 | Samuel Slaughter Merrill - 1892 - 556 pages
...646. ' Parrott v. City of Bridgeport, 44 ZChumasero v. Potts, 2 Mont 242. Conn. 180. is issued to an inferior tribunal, corporation, board or person, to...enjoins as a duty resulting from an office, trust or station.i Notwithstanding these decisions, it is not clear that the writ is confined to public officers... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1892 - 774 pages
...cases, in which a writ of mandamus may issue, as " to any inferior court, corporation, board, officer or person to compel the performance of an act which...duty resulting from an office, trust or station." By the same code, in mandamus, as in civil actions, issues of fact may be tried by a jury ; the verdict... | |
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... to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station... 
