Writ Remedies

Author : Horace Gay Wood
Publisher : Theclassics.Us
ISBN 13 : 9781230282015
Total Pages : 58 pages
Book Rating : 4.2/5 (82 download)

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Download or read book A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus, Certiorari, and Quo Warranto written by Horace Gay Wood and published by Theclassics.Us. This book was released on 2013-09 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...is under a legal obligation to perform, and if it does, it is invalid, and will be quashed. And where it orders several 1 45 N. Y., 196; 51 id., 408. 466; 34 Peun. St., 277; 58 id., 152; 3 Ad. & EL, 25 K J., 331. 544; 2 id. 64., 67 N. C, 330. 1 4 Ad. & El., (Q. B.), 162. 6 13 Fla., 451; 17 Minn., 3 Ad. & El., 222. 429; 7 Rich. (S. C), 234. 10 Ad. & El., 531; 15 Ga., 7 4 B. & Ad., 901. 473; 37 Barb. (N. Y.), things to be done, and is bad in respect of one of the things commanded, it is bad in toto. If the petition asks for too much, it must be dismissed. That is, if it asks for more than the defendant is bound to do.1 A variance in the petition and alternative words is not fatal;2 but a variance in substance is fatal. If the defendant desires to object on the ground that it is not a corporation, the objection must be plead or it will be treated as waived.3 The writ may be issued by any court or judge who has power to issue an injunction.4 Unless the statute provides otherwise a mandamus against a public officer abates at his death, or removal from office.5 Allegations of conclusions of law, and equivocal pleading is insufficient. The return must set forth matters that show a legal or proper excuse or reason why the doing of the act should not be performed.6 The cause, after the return to an alternative mandamus, is to be heard on those papers, without referring to the affidavits on which the writ was granted. It may, by consent, be heard without demurrer or traverse.7 All issues of fact, after an alternative writ is granted, must be tried by jury.8 A mandamus must be issued only against the 1 2 Hun., 224; 58 N. Y., 17 Wall. (U. S.), 604. 295. 56 N. Y., 249. 47 How. Pr., 270. 7 Id. 3 Him., 361. 8 5 T. &...