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MANDATORY Definition & Legal Meaning

Definition & Citations:

305, 47 N. E. 623; Atlanta v. Wright, 119 Ga. 207, 45 S. E. 004; State v. Lewis, 76 Mo. 370; Ex parte Crane, 5 Pet. 190, 8 L. Ed. 92; Marbury v. Madison, 1 Cranch, 158, 2 L. Ed. 60; U. S. v. Butterworth, 160 U. S. 600, IS Sup. Ct 441, 42 L. Ed. 873. The action of mandamus is one, brought in a court of competent jurisdiction, to obtain an older of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. Rev. Code Iowa, 1880,


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