Law of MandamusT.H. Flood, 1892 - 473 σελίδες |
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Σελίδα vi
... 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 ...
... 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 ...
Σελίδα vii
... actions Mandamus will be refused to direct an officer's general course of • Writ refused when delay in acting not ... action after the time limited for its per- formance 15 78 79 • . Instances of issuing the writ after the time to ...
... actions Mandamus will be refused to direct an officer's general course of • Writ refused when delay in acting not ... action after the time limited for its per- formance 15 78 79 • . Instances of issuing the writ after the time to ...
Σελίδα xiv
... Action of the court on the petition for a mandamus 248 249 When the court will grant the alternative writ on the motion to show cause 250 251 • 252 · 253 • • 254 255 • 256 When the court will issue a peremptory writ without any notice ...
... Action of the court on the petition for a mandamus 248 249 When the court will grant the alternative writ on the motion to show cause 250 251 • 252 · 253 • • 254 255 • 256 When the court will issue a peremptory writ without any notice ...
Σελίδα 5
... action for damages for a false return . If the petitioner prevailed in such action , the per- emptory writ of mandamus was issued at once . § 5. When traverse allowed to the return . - By the statute of 9th Anne ( ch . 20 ) a traverse ...
... action for damages for a false return . If the petitioner prevailed in such action , the per- emptory writ of mandamus was issued at once . § 5. When traverse allowed to the return . - By the statute of 9th Anne ( ch . 20 ) a traverse ...
Σελίδα 27
... action for dam- 1 McCrary v . Beaudry , 67 Cal . 120 . 2 New Orleans G. Co. v . Louisiana L. Co. , 115 U. S. 650 . 6 Gordon v . Winchester , 12 Bush , 110 ; Louisville G. Co. v . Citizens ' G. Co. , 115 U. S. 683 ; Lowell v . 3 Williams ...
... action for dam- 1 McCrary v . Beaudry , 67 Cal . 120 . 2 New Orleans G. Co. v . Louisiana L. Co. , 115 U. S. 650 . 6 Gordon v . Winchester , 12 Bush , 110 ; Louisville G. Co. v . Citizens ' G. Co. , 115 U. S. 683 ; Lowell v . 3 Williams ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
action allegations allowed alternative writ appeal application auditor Barb bill of exceptions bond City claim clerk Com'rs commissioners common law Conn considered contract Council county treasurer damus decision demurrer discretion Dist duty election enforce facts governor granted Iowa issue to compel Judge judgment judicial jurisdiction justice Kans King levy a tax lie to compel mandamus lies mandamus proceeding mandamus to compel matter Mayor ministerial Minn Mount Morris Town N. W. Rep Nisi Prius Ohio St party payment peremptory mandamus peremptory writ perform person petition petitioner prerogative writ proper quash quo warranto railroad refused relator remedy respondent rule Salk show cause sign a bill statute Sup'rs tax to pay therein thereof tion town treasurer Trustees United warrant Wend writ of error writ of mandamus
Δημοφιλή αποσπάσματα
Σελίδα 24 - 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 16 - 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 3 - 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 33 - 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 390 - ... 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 103 - 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 114 - 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 222 - 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 107 - 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 19 - 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.