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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. "
Hearings - Página 427
por United States. Ad Hoc Advisory Group on the Presidential Vote for Puerto Rico - 1971 - 701 páginas
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Lawyers' Reports Annotated, Livro 41

1905 - 992 páginas
...170, 2 L. ed. 71, Chief Justice Mar shall stated the principle in a single sentence •when he said: "It is not by the office of the person to whom the...impropriety of issuing a mandamus is to be determined." In Kendall v. United Mate», Stoke», 12 Pet. 595. 9 L. ed. 1209, the Attorney General of the United...
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Lawyers' Reports Annotated, Livro 8

1905 - 1096 páginas
...Marbury v. Jfaditon, 5 US l Cranch, 170 [2 L. ed. Щ. In tbe latter case the chief justice declared: "It is not by the office of the person to whom the...writ is directed, but the nature of the thing to be doue, that the propriety or impropriety of issuing a mandamus is to be determined. Where the head of...
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Selected Cases on the Law of Officers Including Extraordinary Legal Remedies

Frank J. Goodnow - 1906 - 740 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...
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The New York Supplement, Volume 96

1906 - 1236 páginas
...such presiding officer. In Marbury v. Madison, 1 Cranch, 137, 170, 2 L. Ed. 60, Marshall, CJ, says: "It Is not by the office of the person to whom the...Impropriety of issuing a mandamus, is to be determined." and 130 New York State Reporter Peremptory writ of mandamus often issues to such local bodies of legislative...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 16

California. Supreme Court - 1906 - 854 páginas
...executive, legislative or judicial. ln Marlury v. Madison, (1 Cranch, 170) Chief Justice Marshall said: 'lt is not by the office of the person to whom the writ is directed, "but ike nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be...
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The Southeastern Reporter, Volume 57

1907 - 1156 páginas
...It be applied to mandamus to the chief executive, may be applied even more forcibly to certiorari : "It is not by the office of the person to whom the...Impropriety of Issuing a mandamus is to be determined." For the purpose of this question. It may be conceded that the weight of authority and reason are in...
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Reports of Cases in the Supreme Court of Nebraska, Volume 64

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1908 - 1096 páginas
...one executive in character. Chief Justice Marshall laid down the following rule for a case like this: 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 State Reports: Containing the Cases of General ..., Volume 125

Abraham Clark Freeman - 1909 - 1226 páginas
...certain commission which had been signed by the outgoing President, and Chief Justice Marshall, observed: "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 —...
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The American State Reports: Containing the Cases of General ..., Volume 125

Abraham Clark Freeman - 1909 - 1214 páginas
...outgoing President, and Chief Justice Marshall, observed: "It is not by the office of the person to \vhom the writ is directed, but the nature of the thing...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 —...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volume 141

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1909 - 702 páginas
...officers, and the rules laid down by Chief Justice Marshall in Marbury v. Madison, 1 Cranch 137-171, "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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