Law of MandamusT.H. Flood, 1892 - 473 σελίδες |
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Σελίδα viii
... authorities , involving judgment and discretion 112 Mandamus to city councils 113 Mandamus to officers of taxes 114 Mandamus relative to public schools 115 Mandamus to enforce duties relative to the public roads 116 Mandamus relative to ...
... authorities , involving judgment and discretion 112 Mandamus to city councils 113 Mandamus to officers of taxes 114 Mandamus relative to public schools 115 Mandamus to enforce duties relative to the public roads 116 Mandamus relative to ...
Σελίδα ix
... authority to make a levy is granted or is implied 129 Claims must be legally established before a mandamus will issue to compel the levy of a tax for their payment 130 In a mandamus on a judgment , is the latter conclusive ? In a ...
... authority to make a levy is granted or is implied 129 Claims must be legally established before a mandamus will issue to compel the levy of a tax for their payment 130 In a mandamus on a judgment , is the latter conclusive ? In a ...
Σελίδα 9
... authorities would lead to the conclusion that it comprehends no duty which is not imposed by law . The writ has been refused : to an employee against a public board 1 Clay v . Bolland ( Va . 1891 ) , 13 ees ) , 114 Ind . 389 ; State v ...
... authorities would lead to the conclusion that it comprehends no duty which is not imposed by law . The writ has been refused : to an employee against a public board 1 Clay v . Bolland ( Va . 1891 ) , 13 ees ) , 114 Ind . 389 ; State v ...
Σελίδα 11
... authorities to pay the salaries due its officers , since a suit in assumpsit may be brought ; nor to recover moneys expended or misapplied by public offi- cers , there being another remedy which is exclusive ; " nor to compel a city to ...
... authorities to pay the salaries due its officers , since a suit in assumpsit may be brought ; nor to recover moneys expended or misapplied by public offi- cers , there being another remedy which is exclusive ; " nor to compel a city to ...
Σελίδα 22
... authority of law . A board of freeholders were allowed to recover by this writ a public jail from one in whose charge they had placed it under a contract with him . In the earlier reports it appears that the writ was allowed to obtain ...
... authority of law . A board of freeholders were allowed to recover by this writ a public jail from one in whose charge they had placed it under a contract with him . In the earlier reports it appears that the writ was allowed to obtain ...
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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.