 But it has been well settled that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance...  Constitution Making in Indiana: 1851-1916 - Página 488por Charles Kettleborough - 1916Vista completa - Acerca de este libro
 | Roger Foster - 1892 - 812 páginas
...may have a mandamus to compel performance ; and when such duty is threatened to be violated by some official act, any person who will sustain personal...had at law, may have an injunction to prevent it.' It is believed that this is as far as the court has gone in granting relief in this class of cases.... | |
 | William Amasa Scott - 1893 - 392 páginas
...and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such...In such cases the writs of mandamus and injunction arc somewhat correlative to each other. In either case, if the officer plead the authority of an unconstitutional... | |
 | William Amasa Scott - 1893 - 342 páginas
...refusal may have a mandamus to compel its performance ; and when such duty is threatened to be-violated by some positive official act, any person who will...each other. In either case, if the officer plead the V authority of an unconstitutional law for the nonperformance or violation of his duty, it will not... | |
 | William Amasa Scott - 1893 - 344 páginas
...and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such...which adequate compensation cannot be had at law, nrny have an injunction to prevent it. In such cases the writs of mandamus and injunction are somewhat... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1894 - 704 páginas
...When a plain official duty is threatened to be violated Opinion of the court — MOORE, J. by some official act, any person who will sustain personal...had at law, may have an injunction to prevent it-' Board of Liquidation v. McComb, 92 US 531. Conceding, without deciding, that the Soldiers' Home is... | |
 | New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - 1896 - 742 páginas
...and performance is refused, any person who has sustained personal injury by such refusal may have a mandamus to compel its performance; and, when such...who will sustain personal injury thereby, for which an adequate compensation can not be had at law, may have an injunction to prevent it. In such cases... | |
 | Emlin McClain - 1900 - 1134 páginas
...person who will sustain a personal injury by such refusal may have a mandamus to compel performance; aim when such duty is threatened to be violated by some...had at law, may have an injunction to prevent it." It is believed that this is as far as this court has gone in granting relief in this class of cases.... | |
 | 1900 - 1098 páginas
...— When violation of official duty is threatened by some positive official act, anyone sustaining personal injury thereby, for which adequate compensation cannot be had at law. may have Injunction to prevent it; accordingly, injunction allowed in this case against Louisiana liquidation... | |
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