 | Charles Sidney Whitman - 1871 - 734 páginas
...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. AVhere the head of a department acts in a case in which executive discretion is to be exercised, in... | |
 | 1875 - 722 páginas
...endorsed and reiterated the proposition so emphatically announced by Chief Justice Marshall, viz : " it is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." After a careful examination of the authority of the court in such case, the Supreme Court of Ohio,... | |
 | Charles Greenstreet Addison - 1876 - 762 páginas
...United States declare that "it is not by the oflice of the person to whom the writ Is directed, but by the nature of the thing to be done, that the propriety...impropriety of Issuing a mandamus is to be determined." See, also, Kendall v. United States, 12 Pet. 594. It has been held that, in a proper case, the court... | |
 | Isaac Grant Thompson - 1878 - 864 páginas
...Marbury v. Madison, by CJ MARSHALL (1 Cnmch, 170), and has often been announced in this court, that " It is not by the office of the person to whom the writ is directed, but the nature of the thing to lie done, that the propriety or impropriety of issuing a waiidaIIIHS is to be determined." Term. &... | |
 | Austin Abbott - 1879 - 612 páginas
...on executive discretion, but on particular acts of congress and tlie general principles of the law? It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." In State of Ohio ex rcl. Whiteman and others B. Salmon P. Chase, Governor, &c. (5 Ohio St. 528), one... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1879 - 668 páginas
...on executive discretion, but on particular acts of congress and the general principles of the law 8 It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." In State of Ohio ex rel. Whiteman and others agt. Salmon P. Chase, Governor, etc. (5 Ohio State Reports,... | |
 | Florida. Supreme Court - 1879 - 1096 páginas
...subject, as it was announced by Chief Justice Marshall in the early days of the republic, which is that "it is not by the office of the person to whom the writ is directed , but the nature of the thing required to be done that the propriety or impropriety of issuing a mandamus is to be determined." 1... | |
 | District of Columbia. Supreme Court (1863-1936), Arthur MacArthur (Sr.) - 1875 - 680 páginas
...the ground on which the jurisdiction was placed. In Marbury v. Madison, Chief Justice Marshall said: "It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." Has any act of Congress authorized any one else, any officer, high or low, than the Secretary of the... | |
 | District of Columbia. Supreme Court (1863-1936), Arthur MacArthur - 1881 - 686 páginas
...ground on which the jurisdiction was placed. In Marbury v.. M<idison, Chief Justice Marshall said: "It is not by the office of the person to whom the...propriety or impropriety of issuing a mandamus is to bedetermined." Has any act of Congress authorized any one else, any offiV cer, high or low, than the... | |
 | United States. Supreme Court - 1882 - 758 páginas
...for a remedv. Id. 166 Я. Tbe 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 AÍ. It is the essential criterion of appellate jurisdiction... | |
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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. 
