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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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Nomination of James P. Coleman: Hearings Before a Special Subcommittee of ...

United States. Congress. Senate. Committee on the Judiciary - 1965 - 182 páginas
...As Chief Justice Marshall said in Marbury v. Madison, 1 Cranch 137, 170, 6 US 137, 170, 2 L.Ed. 60 : "It is not by the office of the person to whom the...done, that the propriety or impropriety of issuing [an injunction] is to be determined." Interposition Except for an appropriation measure to provide...
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Nomination of James P. Coleman: Hearing, 89-1, July 12-13m 1965

United States. Congress. Senate. Judiciary - 1965 - 182 páginas
...As Chief Justice Marshall said in Marbury v. Madison, 1 Cranch 137, 170, 5 US 137, 170, 2 L.Ed. 60 : "It is not by the office of the person to whom the...done, that the propriety or impropriety of issuing [an injunction] is to be determined." Interposition Except for an appropriation measure to provide...
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Delaware Reports: Containing Cases Decided in the Supreme Court ..., Volumen30

David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - 1920 - 688 páginas
...departments of government, as well as the theory that they are independent of each other, yet 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 of issuing the writ is to be determined. Opinion. PENNEWILL, CJ, delivering...
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The Cornell Law Quarterly, Volumen3

1918 - 356 páginas
...issuance of a writ of mandamus by a state court against the governor. It is to the following effect : "It is not by the office of the person to whom the...propriety or impropriety of issuing a mandamus is to 7State ex rel. Dulin v. Lehre, 7 Rich. (SC) 234 (1854); People ex rel. Robinson v. O'Keefe, too NY...
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Hearings

United States. Ad Hoc Advisory Group on the Presidential Vote for Puerto Rico - 1971 - 720 páginas
...137 (1 Cranch 1803) ; also a case of mandamus, after discussing that contention the Court said thnt "It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." 2 L. Ed. 71. » Allen, A History oí Political Thoujrht in the Sixteenth Century 2fi2 (1928). "Banco...
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Reports of Cases Determined in the Supreme Court of the ..., Volumen16

Philippines. Supreme Court - 1911 - 1012 páginas
...into its decision the words of Chief Justice Marshall in the case of Marbury vs. Madison as follows : "It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." These words of the great Chief Justice have frequently been cited by the courts and are considered...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - 1992 - 518 páginas
...that even a cabinet officer could be subjected to a court order in some cases, emphasizing that it was "not by the office of the person to whom the writ...nature of the thing to be done, that the propriety ... of issuing a mandamus is to be determined."85 But Marbury, as Chase insisted, had expressly been...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volumen16

California. Supreme Court - 1906 - 786 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, tut the nature of the thing to le done, that the propriety or impropriety of issuing a mandamus is...
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The Separation of Governmental Powers in History, in Theory, and in the ...

William Bondy - 1998 - 186 páginas
...frequently based upon a dictum of Chief Justice Marshall in Marbury vs. Madison,s 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...
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - 2000 - 198 páginas
...Bench has previously determined, or at least supposes, to be consonant to right and justice. . . . 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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