 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1804 - 514 pages
...complained of, authorize the procefs ? It is not by the office of the perfon to whom the writ is direfted, but the nature of the thing to be done that the propriety or impropriety of iffuing a mandamus, is t7be determined. Where the head of a department acts in a... | |
 | United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...for a remedy, id. 166 21. The propriety, or impropriety of issuing a mandamus is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to be done, id. . 170 22. It is the essential criterion of appellate jurisdiction... | |
 | Nicholas Baylies - Law reports, digests, etc - 1814 - 478 pages
...for a remedy. Ibid. 166. 73 The propriety, or impropriety of issuing a mandamus is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to be done. Marbury v. Madison. 1 Crancli, 170. 74 It is the essential criterion... | |
 | Nathan Dane - Law - 1824 - 768 pages
...party is entitled : 2. That the propriety or impropriety of issuing a mandamus, is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to he done : 3. That a mandamus may be directed to an inferior court. Connected... | |
 | John Marshall - Constitutional law - 1839 - 762 pages
...such a case as would, were any other individual the party complained of, authorize the process ? Ut is not by the office of the person to whom the writ...nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined^ Where the head of a department acts in a... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1913 - 710 pages
...title may be, a ministerial officer. Chief Justice Marshall said in Marbury v. Madison, i Cranch, 137: "It is not by the office of the person to whom the...nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined." The question of the jurisdiction of a court... | |
 | United States. Supreme Court - Law reports, digests, etc - 1861 - 704 pages
...right, and is presented according to the forms of judicial proceeding. 12 Peters, 614; 2 Peters, 450. It is not by the office of the person to whom the...directed, but the nature of the thing to be done, that the proCommonwealth of Ky. v. Denntson, Governor, &c. priety or impropriety of issuing a mandamus is to... | |
 | Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - Law reports, digests, etc - 1870 - 708 pages
...be such a case as would, were any other individual the party complained of, authorize the process ? It is not by the office of the person to whom the...nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined. Where the head of a department acts in a... | |
 | Charles Sidney Whitman - Copyright - 1871 - 736 pages
...mandamus is a proper remedy. (Moses on Mandamus, 63.) It was held, in the case of Marbury v. Madison, that ''It is not by the office of the person to whom...nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined. Where the head of a department acts in a... | |
 | Charles Sidney Whitman - Copyright - 1871 - 734 pages
...mandamus is a proper remedy. (Moses on Mandamus, 63.) It was held, in the case of Marbury v. Madison, that " It is not by the office of the person to whom...nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined. AVhere the head of a department acts in a... | |
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It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined. 
