A Treatise On Extraordinary Legal Remedies; Embracing Mandamus, Quo Warranto, And Prohibition

Paperback | May 20, 2012

byJames Lambert High

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 Excerpt: ...relief demanded must clearly appear. A stranger is not permitted officiously to interfere, and sue out a mandamus in a matter of private concern. But where the object is the enforcement of a public right, the people are regarded as the real party, and the relator need not show that he has any legal interest in the result. It is enough that he is interested, as a citizen, in having the laws executed, and the right in question enforced. See the case of The People «. Collins, 10 Wendell, 56, where this question is much discussed, and the foregoing conclusions are clearly stated. No doubt is entertained of the right of Metz to become the relator and pursue this remedy. The object of the suit is not a matter of individual interest, but of public concern. Any citizen of the county, especially of the locality interested in having the improvements prosecuted, could become the relator, and obtain the mandamus. There is a manifest propriety in permitting Metz to give the information and conduct the proceeding..He has the direction of the improvement, and the money, when received, is to pass into his hands and be disbursed by him." The same principle is very clearly stated in Hamilton v. The State, 8 Ind. 452. This was an application by one Bates for a mandamus directing the county auditor to issue a duplicate for the collection of taxes as required by law. Upon the question of the right of a private citizen to institute the proceedings, the court, Blackford, J., say: "The only remaining question in the cause is, whether, admitting the writ might issue, Bates was a proper relator? The objection is that some officer of the state, and not a mere private person, should have been the relator. Were this a case merely for private relief, the relator would hav...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 Excerpt: ...relief demanded must clearly appear. A stranger is not permitted officiously to interfere, and sue out a mandamus in a matter of...

Format:PaperbackDimensions:258 pages, 9.69 × 7.44 × 0.54 inPublished:May 20, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217340784

ISBN - 13:9780217340786

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