Mandamus

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Mandamus \Man*da"mus\, n. [L., we command, fr. mandare to
     command.] (Law)
     A writ issued by a superior court and directed to some
     inferior tribunal, or to some corporation or person
     exercising authority, commanding the performance of some
     specified duty.


     [1913 Webster]

From WordNet (r) 2.0 [wn]:

  mandamus
       n : an extraordinary writ commanding an official to perform a
           ministerial act that the law recognizes as an absolute
           duty and not a matter for the official's discretion; used
           only when all other judicial remedies fail [syn: {writ of
           mandamus}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  MANDAMUS, practice. The name of a writ, the principal word of which when the 
  proceedings were in Latin, was mandamus, we command. 
       2. It is a command issuing in the name of the sovereign authority from 
  a superior court having jurisdiction, and is directed to some person, 
  corporation, or, inferior court, within the jurisdiction of such superior 
  court, requiring them to do some particular thing therein specified, which 
  appertains to their office and duty, and which the superior court has 
  previously determined, or at least supposes to be consonant to right and 
  justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4 Humph. 437. 
       3. Mandamus is not a writ of right, it is not consequently granted of 
  course, but only at the discretion of the court to whom the application for 
  it is made; and this discretion is not exercised in favor of the applicant, 
  unless some just and useful purpose may be answered by the writ. 2 T. R. 
  385; 1 Cowen's R. 501; 11 Shepl. 151; 1 Pike, 11. 
       4. This writ was introduced to prevent disorders from a failure of 
  justice; therefore it ought to be used upon all occasions where the law has 
  established no specific remedy, and where in justice and good government 
  there ought to be one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2 Pick. 414; 4 
  Pick. 68; 10 Pick. 235, 244; 7 Mass; 340; 3 Binn. 273; 5 Halst. 57; Cooke, 
  160; 1 Wend. 318; 5 Pet. 190; 1 Caines, R. 511; John. Cas. 181; 12 Wend. 
  183; 8 Pet. 291; 12 Pet. 524; 2 Penning. 1024; Hardin, 172; 7 Wheat. 534; 5 
  Watts. 152; 2 H. & M. 132; 3 H. & M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn. 
  243; 2 Virg. Cas. 499; 5 Call. 548. Mandamus will not lie where the law has 
  given another specific remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417; 
  Coleman, 117; 1 Pet. 567; 2 Cowen, 444; 2 McCord, 170; Minor, 46; 2 Leigh, 
  165; Const. Rep. 165, 175, 703. 
       5. The 13th section of the act of congress of September, 24, 1789, 
  gives the supreme court power to issue writs of mandamus in cases warranted 
  by the principles and usages of law, to any courts appointed or persons 
  holding office, under the authority of the United States. The issuing of a 
  mandamus to courts, is the exercise of an appellate jurisdiction, and, 
  therefore constitutionally vested in the supreme court; but a mandamus 
  directed to a public officer, belongs to original jurisdiction, and by the 
  constitution, the exercise of original jurisdiction by the supreme court is 
  restricted to certain specified cases, which do not comprehend a mandamus. 
  The latter clause of the above section, authorizing this writ to be issued 
  by the supreme court, to persons holding office under the authority of the 
  United States, is, therefore, not warranted by the constitution, and void. 1 
  Cranch, R. 175. 
       6. The circuit courts of the United States may also issue writs of 
  mandamus, but their power in this particular, is confined exclusively to 
  those cases in which it may be necessary to the exercise of their 
  jurisdiction. 7 Cranch, R. 504; 8 Wheat. R. 598; 1 Paine's R. 453. Vide, 
  generally, 3 Bl. Com. 110; Com. Dig. h. t; Bac. Ab. h.t.; Vin. Ab. h.t.; 
  Selw. N. P. h.t.; Chit. Pr. h.t.; Serg. Const. Index, h.t.; Ang. on Corp. 
  Index, h.t.; 3 Chit. Bl. Com. 265 n. 7; 1 Kent. Com. 322; Dane's Ab. Index, 
  h.t.; 6 Watts & Serg. 386, 397; Bouv. Inst. Index, h.t.; and the article 
  "Courts of the United States."