Mandamus

In practice

This is a high state, in the name of the sovereignty, directed to any natural person, corporation, or inferior court of judicature within its jurisdiction, requiring them to do some particular thing therein specified, and which appertains to their ofl5ce or duty.

3 BI Comm. 110; 4 Bac. Abr. 495; Opinion of Marshall, C, J., 1 Cranch (U. S.) 137, 168.

It is a proper remedy to compel the performance of a specific act where the act is ministerial in its character (12 Pet. [U. S 1 524; 34 Pa. St. 293; 26 Ga. 665; 7 Iowa, 186, 390); but where the act is of a discretionary (6 How. [U. S.] 92; 11 How. [U. S.l 272; 17 How. [U. S.] 284; 12 Cush. [Mass.] 403; 20 Tex. 60; 10 Cal. 376; 5 Har. [Del] 108; 12 Md. 329; 4 Mich. 187; 5 Ohio St. 528) or judicial' nature (14 La. Ann. 60; 7 Cal. 130; 18 B. Mon. [Ky.] 423; 7 El. & Bl. 366), it will lie only to compel action generally (11 Cal. 42; 30 Ala. [N. S.] 49; 28 Mo. 259); and where the necessity of acting is a matter of discretion, it will not lie even to compel action (6 How. [U. S.] 92; 5 Iowa, 380). The writ of mandamus is either alternative or peremptory. The former usually Issued at the commencement of the suit, commanding in the alternative that defendant do the specified act, or show cause why he should. not, and the latter, issued after hearing, commanding the performance of the decree without alternative.