Mandamus

Lat. We command, This is the name of a wril (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and ig directed to a private or municipal corporation, or any of its officers, or to an executive, administrative, or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. The action of mandamus is one, brought in a court of competent jurisdiclion, to obtain an order of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an ollice, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion.

Rev. Code lowa, 1880, § 3373.

The writ of mandamus is either peremptory or aliernative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to issue the alternative writ first, This commands the defendant to do the particular act, or elsa to appear and show cause against itat aday named. If he neglects to obey the writ, and either makes default in his appearance or fails to show good cause against the application, the peremptory mandamus issues, which commands him absolutely and without qualification to do the act.