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action admitted allegations allowed alternative writ appeal application auditor authority Barb bill bond cause City claim Com'rs Com’rs commissioners common compel Conn considered contract corporation Council court damus decided decision demand determine discretion duty election enforce entitled error execution exercise facts filed governor granted held interest involved Iowa issue Judge judgment judicial jurisdiction justice Kans King levy mandamus proceeding mandamus to compel matter Mayor Mich Miss motion necessary obtain officer Ohio St party payment peremptory writ perform person petition pleading proceedings proper quash question reason record refused relator remedy respondent restore rule Smith statute sufficient suit Sup'rs term thereof tion Town treasurer United Wall warrant writ of mandamus
Σελίδα 26 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Σελίδα 18 - 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 specially enjoins, as a duty resulting from an office, trust, or station...
Σελίδα 5 - A writ of mandamus is, in general, a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Σελίδα 35 - Where a subordinate body is vested with power to determine a question of fact, the duty is judicial, and though it can be compelled by mandamus to determine the fact, it cannot be directed to decide in a particular way, however clearly it may be made to appear what the decision ought to be.
Σελίδα 392 - ... their said appeal with effect, and answer all damages and costs if they fail to make their plea good; and when the said defendants had, on the day aforesaid, tendered such a bond, with certain sureties thereon named, the...
Σελίδα 105 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Σελίδα 116 - Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.
Σελίδα 224 - The action of such boards is to be carefully confined to an examination of the papers before them, and a determination of the result therefrom, in the light of such facts of public notoriety connected with the elecW.
Σελίδα 109 - Our government is one whose powers have been carefully apportioned between three distinct departments, which emanate alike from the people, have their powers alike limited and defined by the Constitution, are of equal dignity, and within their respective spheres of action equally independent. One...
Σελίδα 21 - 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 specially enjoins, as a duty resulting from an office, trust, or station ; or to . compel the admission of a party to the use and enjoyment of a right, or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person.