 | United States. Supreme Court, William Cranch - 1804 - 514 pages
...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 pages
...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 pages
...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 pages
...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... | |
 | John Marshall - 1839 - 762 pages
...such a case as would, were any other individual the party complained of, authorize the process ? Ut is not by the office of the person to whom the writ...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... | |
 | United States. Circuit Court (District of Columbia), William Cranch - 1853 - 386 pages
...an individual. Ibid. 6. 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...impropriety of issuing a mandamus is to be determined. Ibid. 7. The Post.master General, in the discharge of those duties which are prescribed by law, is... | |
 | Connecticut. Supreme Court of Errors - 1892 - 664 pages
...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... | |
 | United States. Supreme Court - 1861 - 704 pages
...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... | |
 | Charles Sidney Whitman - 1871 - 734 pages
...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. 
