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192. Effect of Appointment or Election of a Successor
193. Discretionary Power of Removal and Removal for Cause
194. Discretion and General Grounds for Denial of Writ

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

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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.

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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

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