Mandamus

Lat. We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is 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.

See Lahiff v. St. Joseph, etc., Soc., 76 Conn. 648, 57 AH. 692, 65 L. In A. 92, 100 Am. St. Rep. 1012; Milster v. Spartanburg, 68 S. C. 248, 47 S. E. 141; State v. Carpenter, 51 Ohio St 83, 37 N. E. 261, 46 Am. St. Rep. 556; Chicago & N. W. R. Co. v. Chane, 113 U. S. 424, 5 Sup. Ct. 578, 28 L. Eld. 1064; Arnold v. Kennebec County, 93 Me. 117, 44 Atl. 364; Placard v. State, 148 Ind. 305, 47 N. E. 623; AUanta v. Wright, 119 Ga. 207, 45 S. E. 994; State v. Lewis, 76 Mo. 370; Etx parte Crane, 5 Pet 190, 8 L. Ed. 92; Marbury v. Madison, 1 Cranch, 158, 2 L. Ed. 60; In S. v. Butterworth, 169 U. S. 600, 18 Sup. Ct 441, 42 L. Ed. 873.

The action of mandamus is one, brought in a court of competent jurisdiction, to obtnin 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 office, 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 Iowa, 1880, § 3373.

Classification

The writ of mandamus is either peremptory or alternative, 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 else to appear and show cause against it at a day 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.