| Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1913 - 852 páginas
...been well settled, that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person...compensation cannot be had at law, may have an injunction to proElllngham r. Dye— ITS Ind. 336. vent it. In such cases, the writs of mandamus and injunction are... | |
| Australia. High Court - 1915 - 804 páginas
...executive officers, yet that when a plain official duty requiring no exercise of discretion is to be performed and performance is refused, any person who...had at law, may have an injunction to prevent it: Board of Liquidation v. McComb (3), a case originating in federal jurisdiction. This has been quoted... | |
| 1905 - 1096 páginas
...Сотр. Slat. p. 960, § 1133. When a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person...personal injury by such refusal may have a mandamus therefor. J-ïsk v. Cuthbert, 2 Mont. 604. Mr. Henri J. Haskell, Afty-Gen., for respondent. Blake.... | |
| United States. Supreme Court - 1909 - 722 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...compensation cannot be had at law, may have an injunction Opinion of the Court. 211 US to prevent it. In such cases the writs of mandamus and injunction are... | |
| United States. Supreme Court - 1909 - 740 páginas
...been well set. tied that when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person...which adequate compensation cannot be had at law, may я с "have an in junction* to prevent it In such caaes the writs of mandamus and injunction are somewhat... | |
| Westel Woodbury Willoughby - 1910 - 804 páginas
...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 injunction are somewhat correlative to each other. In either case, if the officer plead... | |
| Karl Singewald - 1910 - 136 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 injunction are somewhat correlative to each other."1 Or, in the language of Justice Miller... | |
| Westel Woodbury Willoughby - 1910 - 900 páginas
...been well settled, that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person...law, may have an injunction to prevent it. In such si 92 US 531 ; 23 L. ed. 623. caaes, the writs of mandamus and injunction are somewhat correlative... | |
| 1910 - 826 páginas
...been well settled, that, 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." That the petition filed in this case does not seek to control the discretion of the members of the... | |
| Karl Singewald - 1910 - 130 páginas
...settled that, when a plain official duty, requiring no exercise of discretion, is to be performed, any person who will sustain personal injury by such...refusal may have a mandamus to compel its performance ; ... if the officer plead the authority of an unconstitutional law . . . , it will not prevent the... | |
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