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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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Reports of Cases Decided in the Supreme Court of the State of ..., Volumen178

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...
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The Commonwealth Law Reports: Cases Determined in the High Court ..., Volumen20

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...
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Lawyers' Reports Annotated, Libro 8

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....
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

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...
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Supreme Court Reporter, Volumen29

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...
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The Constitutional Law of the United States, Volumen2

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...
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The Doctrine of Non-suability of the State in the United States

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...
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The Constitutional Law of the United States, Volumen2

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...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

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...
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The Doctrine of Non-suability of the State in the United States

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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