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" 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... "
United States Reports, Supreme Court: Cases Argued and Adjudged in the ... - Página 797
por United States. Supreme Court - 1904
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volúmenes49-50

1894 - 922 páginas
...Supreme Court, in the case of Board of Liquidation v. McComb, 92 U. S. 521, 541, when a plain ministerial duty is threatened to be violated by some positive...injunction to prevent it. In such cases the writs of mandamus and injunction are somewhat correlative to each other." The court is not asked to displace...
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Reports of Cases Ruled and Adjudged in the Several Courts of the ..., Volumen92

Alexander James Dallas - 1876 - 856 páginas
...proper jurisdiction, yet, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person...injunction to prevent it. In such cases, the writs of mandamia and injunction are somewhat correlative to each other. In either case, if the officer plead...
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The Southern Law Review, Volumen3

1877 - 1004 páginas
...officer refuses to perform a plain official duty requiring no exercise of discretion, any one who shall sustain personal injury by such refusal may have a mandamus to compel its performance, and, in a proper case, may have the correlative writ of injunction. And it is further held that if, in either...
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The Southern Law Review: And Chart of the Southern Law and ..., Volumen3

1877 - 980 páginas
...officer refuses to perform a plain official duty requiring no exercise of discretion, any one who shall sustain personal injury by such refusal may have a mandamus to compel its performance, and, in a proper case, may have the correlative writ of injunction. And it is further held that if, in either...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volumen25

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1903 - 612 páginas
...violation of or in conflict with constitutional or statute law, prejudicial to public or individual rights, any person who will sustain personal injury thereby, for which adequate compensation can not be had, may apply to a court of equity, and restrain the officer whose duty it is to enforce...
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The Federal Reporter: Cases Argued and Determined in the ..., Volúmenes23-24

1885 - 1902 páginas
...performance ; or, where mftndamus is not available, may have a mandatory injunction for that purpose; and when such duty is threatened to be violated by some positive official act, tiny person who will sustain personal injury thereby, for which adequate compensation cannot be had...
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Decisions of the First Comptroller in the Dept. of the Treasury

United States. Comptroller of the Treasury - 1882 - 668 páginas
...Dec., 2d ed., 254.) But, " when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person...refusal may have a mandamus to compel its performance." (Board of Liquidation et ah v. McComb, 92 US, 531 ; Lower ct al. v. United States ex. rel, 91 US, 536...
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Decisions of the First Comptroller in the Department of the Treasury, Volumen3

United States. Comptroller of the Treasury - 1882 - 682 páginas
...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...sustain personal injury by such refusal may have a mandamns to compel its performance; and when such duty is threatened to be violated by positive official...
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Decisions of the First Comptroller in the Department of the ..., Volumen3

United States. Comptroller of the Treasury - 1882 - 676 páginas
...duty, requiring no exorcise of discretion, is to be performed, and performance is refused, any j»erson who will sustain personal injury by such refusal may have a mandamus to compel its irerformance ; and when such duty is threatened to be violated by positive official act, any person...
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Supreme Court Reporter, Volumen8

1888 - 1450 páginas
...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...injunction to prevent it. In such cases the writs of mandamus and in junction are some what correlative to each other. In either case, if the officer plead...
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