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LAW

OF

MANDAMUS.

BY

S. S. MERRILL

OF THE ST. Louis BAR.

CHICAGO:
T. H. FLOOD AND COMPANY.

1892.

COPYRIGHT, 1892,

BY

S. S, MERRILL,

369844

STATE JOURNAL PRINTING COMPANY,
PRINTERS AND STEREOTYPERS,

MADISON, WLS.

DEDICATION.

THIS BOOK IS DEDICATED TO THE MEMORY OF MY BROTHER,

WILLIAM E. MERRILL, LATE LIEUTENANT-COLONEL, CORPS OF ENGINEERS, UNITED STATES ARMY,

WHO ORIGINATED AND CONSTRUCTED THE MOVABLE DAM ACROSS

THE OHIO RIVER NEAR PITTSBURGH, PA., AND WHO FOR

THE LAST TWENTY YEARS WAS IN CHARGE OF THE

GOVERNMENTAL WORK ON THE OHIO RIVER.

PRE FACE.

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 attorney 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 bis 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.

S. S. MERRILL. St. Louis,

May, 1892.

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