 | 1877 - 1004 sider
...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... | |
 | 1877 - 980 sider
...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... | |
 | 1885 - 1902 sider
...MANDATORY INJUNCTIONS. Although a state, without its consent, cannot be sued as an individual, yet where a plain official duty, requiring no exercise of discretion, is to be performed by a state officer, and the performance is refused, any person who will sustain a personal injury by... | |
 | 1883 - 1914 sider
...grant from the state, and the ground upon which the bill in that case was sustained, was defined to be that when a plain official duty, requiring no exercise of discretion, is threatened to be violated by some positive olliciul act, any person who will sustain personal injury... | |
 | United States. Comptroller of the Treasury - 1882 - 668 sider
...Thompson, 7 Wall., 347; Walker v. Smith, 21 How., 579; Keyset's Case, 4 Lawrence, Coinpt. Dec.) But, when a plain official duty requiring no exercise of discretion is to be performed, and such duty is threatened to be violated by some positive unauthorized official act, any person, who... | |
 | United States. Comptroller of the Treasury - 1882 - 682 sider
...Thompson, 7 Wall., 347; Walker v. Smith, 21 How., 579; Keyser's Case, 4 Lawrence, Compt. Dec.) But, when a plain official duty requiring no exercise of discretion is to be performed, and such duty is threatened to be violated by some positive unauthorized official act, any person, who... | |
 | United States. Comptroller of the Treasury - 1882 - 676 sider
...for that of executive officers, in matters belonging to the proper jurisdiction of the latter. But it has been well settled that when a plain official duty, requiring no exorcise of discretion, is to be performed, and performance is refused, any j»erson who will sustain... | |
 | 1893 - 1094 sider
...plainly required him to do. As observed by Mr. Justice Bradley In Board v. McComb, 92 US 531, 541: "But it has been well settled that when a plain, official...who will sustain personal Injury by such refusal may hare a mandamus to compel its performance; and when such duty Is threatened to be violated by some... | |
 | United States. Supreme Court - 1883 - 1004 sider
...performed," and where performance in the mode stipulated by the contract is refused. In such cases, any person who will sustain personal injury by such...refusal may have a mandamus to compel its performance. Board of Liquidation, etc., v. McComb, supra. The acts of 1882, in their application to the bonds issued... | |
 | United States. Congress. House - 1883 - 680 sider
...Thompson, 7 Wall., 347; Walker r. Smith, 21 How., 579; Keyser's Case, 4 Lawrence, Compt. Dec.) But, when a plain official duty requiring no exercise of discretion is to be performed, and such duty is threatened to be violated by some positive unauthorized official act, any person, who... | |
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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... 
