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" ... as to all acts or duties necessarily calling for the exercise of judgment and discretion on the part of the officer or body at whose hands their performance is required, mandamus will not lie. "
Reports of Cases Argued and Determined in the Supreme Court of Ohio - Halaman 436
oleh Ohio. Supreme Court - 1892
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Porcupine's Works: Containing Various Writings and Selections ..., Volume 9

William Cobbett - 1801 - 426 halaman
...certamty, and are less liable to occasion war. On the other hand, a general guarantee allows a latitude for the exercise of judgment and discretion. On the part of the United States, instead of troops, or ships of war, it will be convenient to stipulate for a moderate...
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Reports of Civil and Criminal Cases Decided by the ..., Volume 14;Volume 77

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1879 - 942 halaman
...nature and so clear and specific that no element of discretion is left in their performance, but that as to all acts or duties necessarily calling for the...judgment and discretion on the part of the officer at whose hands their performance is required, mandamus will not lie. The foregoing rule applies with...
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State Papers Relating to the Diplomatick Transactions Between the ..., Volume 3

A. G. Gebhardt - 1816 - 546 halaman
...certainty, and are less liable to occasion war. On the other hand, a general guaranty allows a latitude for the exercise of judgment and discretion. On the part of the United States, instead of troops or ships of war, it will be convenient to stipulate for a moderate...
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State Papers and Publick Documents of the United States, from the Accession ...

1817 - 516 halaman
...certainty, and are less liable to occasion war. On the other hand, a general guaranty allows a latitude for the exercise of judgment and discretion. On the part of the United States, instead of troops or ships of war, it will be convenient to stipulate fora moderate...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volume 49-50

1894 - 922 halaman
...they are so clear and specific that no element of discretion is left in their performance. But as to acts or duties necessarily calling for the exercise...body at whose hands their performance is required, the writ will not lie. State v. Parish of St. Barnard (La.), 2 South. Rep. 305. Again a nuinilamiia...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 16

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 halaman
...not enough, how it shall be apportioned among the parties entitled to it. These are important duties, calling for the exercise of judgment and discretion on the part of the officer, and in which the general creditors of the government, to the payment of whose demands the particular...
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A Treatise on Extraordinary Legal Remedies: Embracing Mandamus, Quo Warranto ...

James Lambert High - 1874 - 726 halaman
...nature, and so clear and specific that no element of discretion is left in their performance, but that as to all acts or duties necessarily calling for the...aid of this extraordinary remedy. It applies with especial force to company by any of its findings ; but it does nevertheless have the effect, while...
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Reports of Cases in Criminal Law Argued and Determined in All the ..., Volume 12

Edward William Cox - 1875 - 722 halaman
...not enough, how it shall be apportioned among the parties entitled to it. These are important duties, calling for the exercise of judgment and discretion on the part of the officer, and in which the general creditors of the Government, to the payment of whose demands the particular...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 38

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912 - 666 halaman
...so clear and specific that no element of discretion is left in their performance, but as to acts and duties necessarily calling for the exercise of judgment...and discretion on the part of the officer or body or person at whose hands performance is required, mandamus does not lie." And again, in section 1389...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 1

Illinois. Appellate Court, James Bolesworth Bradwell - 1878 - 704 halaman
...discretion is left in their performance; but that as to all acts or duties necessarily calling lor the exercise of judgment and discretion on the part...their performance is required, mandamus will not lie." See, also, Swann v. Gray, 44 Miss. 392; Mayor v. Rainwater, 47 Id. 547; People ex rel. v. Metzger,...
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