In Re Delgado

Citations

• 140 U.S. 586
• 11 S. Ct. 874
• 35 L. Ed. 578
• 1891 U.S. LEXIS 2487

Syllabus

<p>A Statute providing that “ for the purpose of hearing application for and issuing writs of mandamus,” the court “ shall be regarded-as open at all times ” authorizes a hearing on the réturn of the alternative writ, and the issue of a peremptory writ in vacation.</p> <p>A statute limiting the fine to be imposed for violation of a peremptory writ of mandamus, and providing that, when paid, it shall be a bar to an action for any penalty incurred by reason of refusal or neglect to perform the duty, does not deprive the court of power to punish for disobedience of the writ, or to compel obedience by imprisonment.</p> <p>In case of a disputed election to a municipal office, mandamus may issue to compel the recognition of the defacto officer until the rights of the parties can be determined on quo warranto.</p>