192. Effect of Appointment or Election of a Successor XI. Election Matters 195. In General 196. Appointment of Managerial Election Officers 197. Registration of Voters 198. Calling Elections Generally 199. Questioning Constitutionality of Apportionment Acts 200. Placing Candidate's Name on Ballot 201. Reception of Ballots 202. Canvass and Determination of Result of Elections Generally 203. Control or Review of Discretionary or Judicial Functions 204. Where Granting of Writ Would Be Useless 205. Reassembling of Canvassing Board 206. Issuance of Certificates of Election 207. Interest of Relator XII. Taxation and Assessments 208. Compelling Levy of Tax to Meet Obligations 209. Necessity for Statutory Provision for Levy of Tax 210. Sufficiency of Levy by Mandamus 211. Invalidity of Contract or Judgment Sought to Be Enforced 212. Compelling Levy for Public Improvements 213. Compelling Collection of Taxes 214. Mandamus to Review Decision of Tax Officers 215. Enforcement of Ministerial Duty 216. Existence of Another Adequate Remedy 217. Compelling Assessment of Omitted Property 218. Time for Granting Writ 219. Parties to Proceeding 220. Necessity for Demand and Refusal 221. Compelling Acceptance of Coupons, etc., Offered in Payment of Taxes 222. Execution of Proper Tax Deed; Certification Respecting Payment 223. Refunding Taxes Paid 224. Compelling Exemptions or Deductions 225. In General XIII. Licenses, Permits and Certificates 226. Liquor Licenses 227. Licenses for Carrying on Insurance Business 228. Professional Licenses XIV. Inferior Courts and Judicial Officers 229. Compelling Court to Take Jurisdiction 230. Reviewing Action of Inferior Tribunal 231. Illustrations of Judicial Matters Not Reviewable by Mandamus 232. Limitation on General Rule Forbidding Reversal of Action of Inferior Court by Mandamus 233. Correcting Erroneous Decision of Jurisdictional or Other Preliminary Questions 234. Examples of Jurisdictional or Preliminary Questions Controllable by Mandamus 235. Requiring Inferior Tribunal to Act in a Particular Way 236. Issuance of Mandamus to Court of Equal Dignity or Jurisdiction 237. Compelling Performance of Public Duty 238. To Whom Writ Is Issuable 239. Necessity of Prior Request to Act 240. Allowance of Appeals 241. Prescribing Appeal Bonds 242. Signing and Entering Judgment 243. Entry of Judgment by Default 244. Correcting Errors in Judgments, Records, and Dockets 245. Compelling Inferior Court to Enforce Judgment or Decree 246. Setting Aside Judgments, Defaults and Executions 247. Awarding and Taxation of Costs 248. Granting of Trial by Jury 249. Granting or Refusing New Trial or Rehearing 250. Time and Place of Trial; Continuances 251. Change of Place of Trial 252. Issuance or Dissolution of Injunction 253. Vacation of Orders and Decrees 254. Signature of Bill of Exceptions 255. Dismissal of Suit 256. Reinstatement of Case 257. Admission of Will to Probate; Settlement of Estates 258. Reviewing Rulings on Evidence 259. Filing and Striking Out Pleadings 260. Allowance or Denial of Intervention or Substitution of Parties 261. Quashing and Reinstating Attachments 262. Approval of Bonds; Requiring Necessary Bond 263. Enforcing Execution of Mandate 264. Admission, Right of Appearance, and Reinstatement of Attorneys 265. Use of Mandamus in Criminal Proceedings Generally 266. Admission to Bail 267. Review of Decisions on Indictments 268. Habeas Corpus Proceedings 269. Contempt Proceedings 270. Miscellaneous Instances 271. In General XV. Parties to Action PLAINTIFF, PETITIONER OR RELATOR 272. The State, Attorney General, and Municipality as Petitioner or Relator 273. Right of Private Person to Enforce by Mandamus Public Right or Duty 274. Denial of Right of Private Person to Enforce by Mandamus Public Right or Duty 275. Private Person Having Special Interest in Performance of Public Duty 276. Right of Private Person to Enforce Public Right or Duty Relating to Elections 277. Who May Join as Relators in Mandamus Proceeding 278. In General PARTIES DEFENDANT OR RESPONDENT 279. Necessary Parties Respondent in Mandamus Proceedings Involving Title to Office 280. Mandamus to Body or Board of Officials 281. Mandamus to Corporation and Its Agents 282. Mandamus to Other and Miscellaneous Persons XVI. Practice and Procedure IN GENERAL 283, Mandamus as Action or Special Proceeding 284. Venue LIMITATION AND ABATEMENT OF ACTION 285. Limitations in Mandamus Proceedings 286. Laches in Mandamus Proceedings 287. Abatement by Death of Relator 288. Abatement by Death or Termination of Respondent's Office 289. Change of Personnel of Municipal Board 290. Revival of Proceeding and Substitution of Successor in Office PLEADING AND PROCESS 291. Pleadings in General 292. Petition, Application or Information 293. Practice on Filing of Petition 294. Alternative Writ in General 295. Certainty Required in Alternative Writ 296. Aiding Writ by Reference to Petition 297. Conforming Writ to Petition 298. Mandate of Alternative Writ 299. Return or Answer to Writ in General 300. Nature and Effect of Recitals in Return or Answer 301. Degree of Certainty Required in Recitals of Return 302. Pleadings Subsequent to Return 303. Motion to Quash Writ 318. Judgment as Bar to All Issues Which Might Have Been Litigated 319. Issuance of Writ PEREMPTORY WRIT 320. Conformity between Peremptory and Alternative Writs 321. Amendment of Alternative Writ for Purposes of Conformity 322. View that Strict Conformity between Peremptory and Alternative Writs Is Not Required 323. Enforcement of Mandate REVIEW OF MANDAMUS PROCEEDINGS 324. Right of Review 325. Matters Not Subject to Review 326. Determination of Appeal 327. Dismissal of Appeal Where Question Involved Has Become Immaterial I. INTRODUCTORY 1. Definition and Origin.-The name given to mandamus proceedings is taken from the Latin word mandamus (we command) and may be defined as a command issuing from a court of law of competent jurisdiction, in the name of the state or sovereign, directed to some inferior court, officer, corporation, or person, requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom it is directed, or from operation of law. This definition, in effect, is frequently carried into the statutes defining the writ. It is one of great antiquity 1. Marbury v. Madison, 1 Cranch 137, 2 U. S. (L. ed.) 60; Swift v. Richardson, 7 Houst. (Del.) 338, 6 Atl. 856, 32 Atl. 143, 40 A. S. R. 127; State v. Board of President, etc., of St. Louis Schools, 134 Mo. 296, 35 S. W. 617, 56 A. S. R. 503; State v. Spokane St. R. Co., 19 Wash. 518, 53 Pac. 719, 67 A. S. R. 739, 41 L.R.A. 515. Notes: 89 Am. Dec. 728; 98 A. S. R. 865. 2. Coy v. Lyons City, 17 Ia. 1, 85 Am. Dec. 539; State v. Carpenter, 51 and certainly was in use as early as the 14th and 15th centuries, and it appears from Dr. Widdrington's case (A.D. 1673), 1 Lev. 23, that mandamus had been in use as early as in the times of Edward II. and Edward III., between 1307 and 1377. According to the theory of the common law, the king was the fountain of justice, and where the laws did not afford a remedy, and enable the individual to obtain his right, by the regular forms of judicial proceedings, the prerogative powers of the sovereign were brought in aid of the ordinary judicial powers of the court, and mandamus was issued in his name to enforce the execution of the law. Originally it was a letter missive from the sovereign power commanding the party to whom it was addressed to perform the act or duty imposed. Later it obtained sanction as an original writ, emanating from the king's bench, where, by fiction of law, the king was always present. Though under the forms of practice in a particular jurisdiction the writ issues out of the court as an order of the court, this does not change its common law force and effect nor its object and purpose. In England the statutes provide for a proceeding, commonly called an action of mandamus, whereby a mandate may be issued in an ordinary action when necessary to enforce rights established therein. And somewhat similar statutes have been enacted in some jurisdictions in this country. 2. Nature of Writ Generally.-A mandamus proceeding is generally classified or regarded as a civil action, especially as contradistinguished from a criminal proceeding, though it has also been called a criminal process relative to civil rights. It is a common law proceeding as distinguished from a proceeding in equity; and, Ohio St. 83, 37 N. E. 261, 46 A. S. R. 556; State v. Baldwin, 77 Ohio St. 532, 83 N. E. 907, 12 Ann. Cas. 10, 19 L.R.A. (N.S.) 49; State v. Brooks, 14 Wyo. 393, 84 Pac. 488, 7 Ann. Cas. 1108, 6 L.R.A. (N.S.) 750. 3. People v. Williams, 145 Ill. 573, 33 N. E. 849, 36 A. S. R. 514, 24 L.R.A. 492; State v. Baldwin, 77 Ohio St. 532, 83 N. E. 907, 12 Ann. Cas. 10, 19 L.R.A. (N.S.) 49; Rex v. Askew, 4 Burr 2186, 16 Eng. Rul. Cas. 760. Note: 58 L.R.A. 835. 4. Kendall v. United States, 12 Pet. 524, 9 U. S. (L. ed.) 1181; People v. Olds, 3 Cal. 167, 58 Am. Dec. 398; People v. Williams, 145 Ill. 573, 33 N. E. 849, 36 A. S. R. 514, 24 L.R.A. 492; Atty.-Gen. v. Taggart, 66 N. H. 362, 29 Atl. 1027, 25 L.R.A. 613. Note: 58 L.R.A. 834. 10 50 N. E. 791, 66 A. S. R. 547, 41 L.R.A. 231. 6. Reg. v. Lamborn Val. R. Co., 22 Q. B. D. 463, 58 L. J. Q. B. 136, 60 L. T. N. S. 54, 16 Eng. Rul. Cas. 788. 7. Sweitzer v. Fisher, 172 Ia. 266, 154 N. W. 465, L.R.A.1916B 611. 8. Woodworth v. Old Sec. Nat. Bank, 144 Mich. 338, 107 N. W. 905, 8 Ann. Cas. 310; Homesteaders v. McCombs, 24 Okla. 201, 103 Pac. 691, 20 Ann. Cas. 181, 38 L.R.A. (N.S.) 1000; Arberry v. Beavers, 6 Tex. 457, 55 Am. Dec. 791. Notes: 89 Am. Dec. 732; 8 Ann. Cas. 311. 9. State v. Bruce, 3 Brev. (S. C.) 264, 6 Am. Dec. 576. 10. Ward v. Gregory, 7 Pet. 633, 8 U. S. (L. ed.) 810; Heine v. Board of Levee Comr's, 19 Wall. 655, 22 U. S. 5. People v. Morton, 156 N. Y. 136, (L. ed.) 223; Smith v. Bourbon, 127 |