All official duties should be faithfully performed, and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance if there is no other specific legal remedy for the legal rights; provided, however, that no […]
Mandamus shall not lie as a private remedy between individuals to enforce private rights nor to a public officer who has an absolute discretion to act or not to act unless there is a gross abuse of such discretion. However, mandamus shall not be confined to the enforcement of mere ministerial duties. On the application […]
If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose any right by reason […]
A private person may by mandamus enforce the performance by a corporation of a public duty as to matters in which he has a special interest. History. Civil Code 1895, § 4869; Civil Code 1910, § 5442; Code 1933, § 64-103. History of Code section. The language of this Code section is derived in part […]
Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced. History. Code 1933, § 64-104. Law […]
In order for a plaintiff to enforce a private right by mandamus he must show pecuniary loss for which he cannot be compensated in damages. History. Code 1933, § 64-105. History of Code section. The language of this Code section is derived in part from the decisions in Atlantic Ice & Coal Corp. v. Town […]
Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act. History. Orig. Code 1863, § 3132; Code 1868, § 3144; Code 1873, […]
Upon the presentation of an application for mandamus, if the mandamus nisi is granted the judge shall cause the same to be returned for trial not less than ten nor more than 30 days from such date. The defendant shall be served at least five days before the time fixed for the hearing. If no […]
Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal. Mandamus cases shall be heard on appeal under the same laws and rules as apply to injunction cases. […]
