 | Nebraska. State Railway Commission - 1918 - 774 páginas
...by the office of the person to whom thn writ is directed, but the nature of the thing to be clone, that the propriety or 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... | |
 | New York (State). Public Service Commission. First District - 1919 - 748 páginas
...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... | |
 | Frederick Dumont Smith - 1926 - 608 páginas
...of State to compel the delivery of his commission. In closing this branch of the case Marshall said: "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... | |
 | South Dakota Bar Association - 1897 - 524 páginas
...executive discretion, but on particular acts of Congress, and the general principles of law? ""' * * It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined" (44). It is true that these words had reference to the office of Secretary of State, and not to the... | |
 | 1902 - 1130 páginas
...the course of the opinion, the court says, quoting Marbury v. Madison, 1 Cranch, 170, 2 L. Ed. GO: "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... | |
 | 1887 - 1052 páginas
...sued in the ordinary mode of proceeding, and being compelled to obey the judgment of the law. * * * It is not by the office of the person to whom the...done, that the propriety or impropriety of issuing the mandamus is to be determined." The proceeding here is not against the respondent as an officer,... | |
 | 1919 - 932 páginas
...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 writ is directed, but the nature of the tiling to be done, that the propriety or impropriety of issuing a mandamus, is to be determined. *... | |
 | United States - 1945 - 712 páginas
....country for a remedy." (Uarbury v. Madison, 1 Cr. 137, 165166, Feb. Term, 1803.) "It is not by tne office of the person to whom the writ is directed,...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... | |
 | 1896 - 522 páginas
...frequently based upon a dictum of Chief Justice Marshall in Marbury vs. Madison,3 to the effect that 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. Supreme Court - 1910 - 710 páginas
...be such a case as would, were any other individual the party complained of, authorize the process T 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. 
