Cristman v. Peck

Citations

• 90 Ill. 150

Syllabus

<p>1. Mandamus—when refused. The court will refuse to grant a mandamus when it is manifest it will be barren and fruitless, or useless, or can not have a beneficial effect.</p> <p>2. Where school directors refused to permit certain children to attend the public school unless they would bring a written excuse for their previous absence, and it did not appear that the refusal was permanent, or applied beyond the term, and the petition for a mandamus to compel the directors to admit the children without an excuse, was filed one day before the close of the term, so that it was not possible to have a hearing before the close of the term, it was held, that the application for the writ was properly denied.</p> <p>3. Same—amendment of answer. It is within the discretion of the court to allow an amendment to an answer to a petition for a mandamus, which takes the place of a return to the writ, and the relator can not be heard to object to its allowance when he shows no right to the writ.</p>