People ex rel. Smith v. Olds

Citations

• 3 Cal. 167

Syllabus

<p>A mandamus will not lie where there is any other specific, speedy, and adequate remedy.</p> <p>The statute of this State is a re-affirmance of the principles of the common law, as regards the writ of mandamus, and sect. 468 provides, that it shall be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law,—e converso, it shall issue in no other.</p> <p>Title to an office cannot he tried upon a mandamus, neither at common law, nor under the statute.</p> <p>The Practice Act provides a remedy “ against any person who usurps, intrudes into, or unlawfully holds or exercises, any public office, civil or military, or any franchise within the State.”</p> <p>A mandamus can give no right, but may be resorted to to put a party in a position to assert his right.</p> <p>It will not lie where the office claimed is full, or against an incumbent de facto, unless the party be without remedy.</p> <p>The distinction between the writs of mandamus and quo warranto, as held in England, is not abolished by the statutes of this State, but, on the contrary, is recognized.</p>