PREFACE. The law of mandamus has gradually grown up under the guidance of judicial discretion, which has produced such varying decisions from the numerous courts of last resort, that it is expedient from time to time to collect the law on this subject, both to assist the practicing attor ney relative to the application of the writ in new questions presenting themselves from time to time, and to aid the courts in harmonizing their views of judicial discretion. In preparing this volume the author has himself carefully examined every decision therein cited, and his readers may safely rely on the correctness of such citations. Of course it is admitted that the exercise of the greatest care does not render an error an impossibility. This work is now committed to his professional brethren in the hope that Job's wish, that his enemy would write a book, is not advice which should have been heeded by its author. ST. LOUIS, S. S. MERRILL. To compel production and inspection of public documents Distinction between ministerial and judicial acts illustrated Mandamus to take action in judicial or discretionary matters Mandamus not lie when performance is discretionary Permissive statutes may be mandatory. Though the act calls for discretion, no excuse for non-action. Mandamus to take jurisdiction when wrongfully declined Mandamus not lie when officer has acted in a discretionary matter Relator must show a clear legal right Obligation on respondent to do the act must be absolute Mandamus not lie, if act only to be done on approval of another. |