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" It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined. "
Notes on the united states reports - Página 131
1899
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volumen1

United States. Supreme Court, William Cranch - 1804
...complained of, authorize the procefs ? It is not by the office of the perfon to whom the writ is direfted, but the nature of the thing to be done that the propriety or impropriety of iffuing a mandamus, is t7be determined. Where the head of a department acts in a cafe, in which executive...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volumen1

United States. Supreme Court, William Cranch - 1812
...for a remedy, id. 166 21. The propriety, or impropriety of issuing a mandamus is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to be done, id. . 170 22. It is the essential criterion of appellate jurisdiction...
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A Digested Index to the Modern Reports, of the Courts of Common Law, in ...

Nicholas Baylies - 1814
...for a remedy. Ibid. 166. 73 The propriety, or impropriety of issuing a mandamus is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to be done. Marbury v. Madison. 1 Crancli, 170. 74 It is the essential criterion...
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A General Abridgment and Digest of American Law: With Occasional ..., Volumen6

Nathan Dane - 1824
...party is entitled : 2. That the propriety or impropriety of issuing a mandamus, is to be determined, not by the office of the person to whom the writ is directed, but by the nature of the thing to he done : 3. That a mandamus may be directed to an inferior court. Connected...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 728 páginas
...such a case as would, were any other individual the party complained of, authorize the process ? Ut is not by the office of the person to whom the writ...impropriety of issuing a mandamus is to be determined^ Where the head of a department acts in a case in which executive discretion is to be exercised, in...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volumen61

Connecticut. Supreme Court of Errors - 1892
...If the former, then the court cannot assent to it. It is the nature of the thing to be done by which the propriety or impropriety of issuing a mandamus is to be determined, and not the office of the person to whom the writ is directed, nor the source from which he derives his...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volumen258

Illinois. Supreme Court - 1913
...title may be, a ministerial officer. Chief Justice Marshall said in Marbury v. Madison, i Cranch, 137: "It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." The question of the jurisdiction of a court to award a writ of mandamus against the Post-master General...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volumen24;Volumen65

United States. Supreme Court - 1861
...right, and is presented according to the forms of judicial proceeding. 12 Peters, 614; 2 Peters, 450. It is not by the office of the person to whom the...directed, but the nature of the thing to be done, that the proCommonwealth of Ky. v. Denntson, Governor, &c. priety or impropriety of issuing a mandamus is to...
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Reports of Decisions in the Supreme Court of the United States

United States. Supreme Court, Benjamin Robbins Curtis - 1870
...be such a case as would, were any other individual the party complained of, authorize the process ? It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined. Where the head of a department acts in a case, in which executive discretion is to be exercised; in...
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Patent Laws and Practice of Obtaining Letters Patent for Invention: In the ...

Charles Sidney Whitman - 1871 - 708 páginas
...mandamus is a proper remedy. (Moses on Mandamus, 63.) It was held, in the case of Marbury v. Madison, that ''It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined. Where the head of a department acts in a case in which executive discretion is to be exercised, in...
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