 | United States. Patent Office - 1894 - 786 páginas
...individual, than if the same services were to be performed by one not the head of a Department. * * * It is not by the office of the person to whom the writ is directed, but by the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to... | |
 | United States. Patent Office - 1895 - 784 páginas
...without further question — then, if they refuse, a mandamus may be issued to compel them. It is by — the nature of the thing to be done that the propriety...impropriety of issuing a mandamus is to be determined. The distinction between official acts and duties that are ministerial and those which are judicial... | |
 | William John Tossell - 1918 - 744 páginas
...official act which rests in the discretion of any officer, whether executive, legislative or judicial. It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined. In the celebrated case of Marbury v. Madison, 5 US (1 Cranch) 137, Justice Marshall says, p. 166 :... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1896 - 668 páginas
...Chief Justice MARSHALL,, in Marbury v. LLiJ'.^n, 5 US (1 Cranch), 170, says: "It is not by the oVca of the person to whom the writ is directed, but the nature of the thing to bo done, that the propriety or impropriety of issuing a mandamus is to be determined." In Sutherland... | |
 | 1898 - 402 páginas
...process of this court by mandamus." (5 Ohio, St. 528). Marshall, CJ, said : "It is not by the office of a person to whom the writ is directed, but the nature...impropriety of issuing a mandamus is to be determined." Marbury v. Madison, 1 Crunch 138. This is the rule in all cases as applied by all the courts unless... | |
 | 1898 - 918 páginas
...170, 2 L. ed. 71, Chief Justice Mar. shall stated Ihe principle in a single sentence •when he said: "It is not by the office of the person to whom the writ is directed, but Ihe nalure of the thing to be done that the propriety or impropriety of issuing a mandamus is to be... | |
 | James Bradley Thayer - 1901 - 184 páginas
...to point to the chief executive himself, and not merely to his secretary, when he said, " It is not the office of the person to whom the writ is directed, but the nature of the thing to be done, by which the propriety or impropriety of issuing the mandamus is to be determined ; " — a hint that,... | |
 | James Bradley Thayer - 1901 - 186 páginas
...to point to the chief executive himself, and not merely to his secretary, when he said, " It is not the office of the person to whom the writ is directed, but the nature of the thing to be done, by which the propriety or impropriety of issuing the mandamus is to be determined ; " — a hint that,... | |
 | Colorado. Supreme Court - 1902 - 730 páginas
...business basis. In the course of the opinion, the court says, quoting Marbury v. Madison* i Cranch, 170: "It is not by the office of the person to whom the writ is directed, but by the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus IB to... | |
 | John Forrest Dillon - 1903 - 586 páginas
...notorious responsibility for Mr. Madison's failure to transmit the commissions. He says as to this: " 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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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. 
