| Ernst Freund - 1911 - 718 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." 2. At the time the documents required... | |
| John Martin Vincent - 1911 - 606 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 issuing... | |
| 1913 - 1324 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. In either ease, if the officer plead... | |
| 1915 - 1062 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." The Supreme Court reviewed the decision... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1915 - 860 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...at law, may have an injunction to prevent it." In the Jumel Case, 107 US at p. 727, Mr. Chief Justice Waite said: "The relators do not occupy the position... | |
| 1915 - 982 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...its performance; and when such duty is threatened to bo violated by some positive official act, any person who will sustain personal injury thereby, for... | |
| George Washington Rightmire - 1917 - 928 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...personal injury thereby, for which adequate compensation can not be had at law, may have an injunction to prevent it. In such cases, the writs of mandamus and... | |
| William Mark McKinney, Burdett Alberto Rich - 1917 - 1360 páginas
...a member, it was said that "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 to 5. Notes: 6 LRA(NS) 753 et 20, 2 S. Ct. 10, 27 US (L. ed.) 359. eeq.; 11 Ann. Cas. (i'20. 8. Huidekoper... | |
| Walter Malins Rose - 1918 - 1160 páginas
...759. 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... | |
| John Norton Pomeroy - 1919 - 1174 páginas
...of a plain official duty, requiring no exercise of discretion, is threatened, one who will sustain injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.2 Therefore, when, in such a case, there is irreparable injury illegal act under color or claim... | |
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