Law of MandamusT.H. Flood, 1892 - 473 σελίδες |
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Αποτελέσματα 1 - 5 από τα 41.
Σελίδα 34
... filed in time under the statute . The writ was refused , because the justices had heard and determined the question . The writ was applied for to compel the mayor and comptroller to determine which four papers had the largest daily ...
... filed in time under the statute . The writ was refused , because the justices had heard and determined the question . The writ was applied for to compel the mayor and comptroller to determine which four papers had the largest daily ...
Σελίδα 43
... filed and heard as shown by the return , it would thereby appear there was sufficient reason for the refusal , and the writ would be de- nied . In some cases the courts have held the abuse of dis- cretion to be admitted , because the ...
... filed and heard as shown by the return , it would thereby appear there was sufficient reason for the refusal , and the writ would be de- nied . In some cases the courts have held the abuse of dis- cretion to be admitted , because the ...
Σελίδα 92
... filed in another court and there refused , an appellate court refused to grant a similar mandamus on an original pro- ceeding , since it should hear and determine the questions in- volved by an appeal from the judgment rendered in the ...
... filed in another court and there refused , an appellate court refused to grant a similar mandamus on an original pro- ceeding , since it should hear and determine the questions in- volved by an appeal from the judgment rendered in the ...
Σελίδα 119
... filed with him , and to give a certificate thereof to the party having the highest num- ber of votes ; to furnish a copy of the laws to the person who had the contract to print them ; to revoke the license of a foreign insurance company ...
... filed with him , and to give a certificate thereof to the party having the highest num- ber of votes ; to furnish a copy of the laws to the person who had the contract to print them ; to revoke the license of a foreign insurance company ...
Σελίδα 127
... filed contained , besides the proper records , the proceedings of two illegal bodies , which professed to be the legislature , and that such proceedings took place after the legal period for the session of the legislature had expired ...
... filed contained , besides the proper records , the proceedings of two illegal bodies , which professed to be the legislature , and that such proceedings took place after the legal period for the session of the legislature had expired ...
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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.