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Ministerial act

Defined in 4 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Black's (1891)

Definitions from Case Law

From 76 U.S. 298 - Secretary v. McGarrahan · 1869Most cited · 96 citing opinions

The writ cannot issue where discretion and judgment are to be exercised by the officer, and only in cases where the act required to be done is merely ministerial, and where the relator is without any other adequate remedy.

Show all 5 Supreme Court definitions and how they changed over time 1810–1914

Ballentine's Law Dictionary

James A. Ballentine · 1916

One which a person performs under a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, and without regard to or exercise of his own judgment upon the propriety of the act being done. See 25 Am. St. Rep. 342, note.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A ministerial act may be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment, upon the propriety of the act being done. Acts done out of court in bringing parties into court are, as a general proposition, ministerial acts. Pennington v. Streight, 54 Ind. 376 ; Bair v. Struck, 29 Mont. 45, 74 Pac. 69, 63 I). R. A. 481; State v. Nash, 66 Ohio St. 612, 64 N. E. 558: Grider v. Tally, 77 Ala. 424, 54 Am. Rep. 65.

Defined under Ministerial in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

A ministerial act may be defined to be one which a person performs ina given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment, upon the propriety of the act being done. Acts done out of court in bringing parties into court are, as a general proposition, ministerial acts. 54 Ind. 376.