 | United States. Supreme Court, William Cranch - 1804 - 514 էջ
...complained of, authorize the procefs ? It is not by the office of the perfon to whom the writ is direfted, but the nature of the thing to be done that the propriety or impropriety of iffuing a mandamus, is t7be determined. Where the head of a department acts in a cafe, in which executive... | |
 | United States. Supreme Court, William Cranch - 1812 - 486 էջ
...for a remedy, id. 166 21. The 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 22. It is the essential criterion of appellate jurisdiction... | |
 | Nicholas Baylies - 1814 - 478 էջ
...for a remedy. Ibid. 166. 73 The 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. Marbury v. Madison. 1 Crancli, 170. 74 It is the essential criterion... | |
 | Nathan Dane - 1824 - 768 էջ
...party is entitled : 2. That the 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 he done : 3. That a mandamus may be directed to an inferior court. Connected... | |
 | Jonathan Elliot - 1836 - 680 էջ
...considers himself injured has a right to resort to the laws of his country for a remedy. Ibid. 24. Where the head of a department acts in a case in which...executive discretion is to be exercised, in which ho is the mere organ of executive will, any application to a court to control, in any Respect, his... | |
 | Connecticut. Supreme Court of Errors - 1892 - 664 էջ
...If the former, then the court cannot assent to it. It is the nature of the thing to be done by which the propriety or impropriety of issuing a mandamus is to be determined, and not the office of the person to whom the writ is directed, nor the source from which he derives... | |
 | Illinois. Supreme Court - 1913 - 710 էջ
...title may be, a ministerial officer. Chief Justice Marshall said in Marbury v. Madison, i Cranch, 137: "It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." The question of the jurisdiction of a court to award a writ of mandamus against the Post-master General... | |
 | United States. Supreme Court - 1861 - 704 էջ
...right, and is presented according to the forms of judicial proceeding. 12 Peters, 614; 2 Peters, 450. It is not by the office of the person to whom the...directed, but the nature of the thing to be done, that the proCommonwealth of Ky. v. Denntson, Governor, &c. priety or impropriety of issuing a mandamus is to... | |
 | Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - 1870 - 708 էջ
...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...exercised; in which he is the mere organ of executive [ * 171 ] will; it is *again repeated, that any application to a court to control, in any respect,... | |
 | Charles Sidney Whitman - 1871 - 734 էջ
...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... | |
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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. 
