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... The Oklahoma Law Journal - Page 5411907Full view - About this book
| Law reports, digests, etc - 1903 - 1166 pages
...primarily chargeable against the land. 2. Ùutler .Mills' Anu. Code, § 307, providing that mandamus lies to compel the performance of an act which the law...duty resulting from an office, trust, or station, where mortgaged laud was sold for taxes assessed against it aiid the owner's personal property, mandamus... | |
| California. Supreme Court - Law reports, digests, etc - 1906 - 978 pages
...be used to obtain relief on the ground of fraud or mistake. It can only be allowed in a clear case to "compel the performance of an act which the law...duty resulting from an office, trust, or station." (Id.) TENANTS IN COMMON. ' See Mines and Mining, 7-9; Statute oi Limitations, 3, 5; Water and Water-Bights,... | |
| California. Supreme Court - Law reports, digests, etc - 1923 - 974 pages
...The writ of mandamus in this state is an independent proceeding having for its purpose the compulsion of an act which the law specially enjoins as a duty resulting from an office, trust, or station. It has none of the characteristics or functions of a civil action for the collection of a debt. APPEALS... | |
| California. Supreme Court - Law reports, digests, etc - 1906 - 872 pages
...answer. A writ of mandate will issue from a superior court to any inferior tribunal, board, or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course... | |
| California. Supreme Court - Law reports, digests, etc - 1906 - 730 pages
...granted the peremptory mandamus; and on the 8th March, this appeal was taken. Randolph, for appellant. Mandamus will lie to " compel the performance of an act which the law specially enjoins." Cal. Stat. p. 124, sec. 467. " When the prevailing party in this action is entitled to costs, the Justice... | |
| California. Supreme Court - Law reports, digests, etc - 1925 - 1008 pages
...are those prescribed by statute, and that a writ of mandate can only issue to compel him to perform an act which the law specially enjoins as a duty resulting from his office. It must also be conceded that the document or documents offered to the county clerk for... | |
| New York (State). Commissioners of the Code, David Dudley Field - Admiralty - 1998 - 3652 pages
...chapter prescribed. § 1283. It may be issued to any inferior tribunal, corporation, board, or person, to compel the performance of an act, which the law...duty resulting from an office, trust, or station. But though it may require an inferior tribunal to exercise its judgment, or proceed to the discharge... | |
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