Rinehart & Dennis Co. v. McArthur

Citations

• 123 Va. 556
• 96 S.E. 829
• 1918 Va. LEXIS 53

Syllabus

<p>1. Mandamus-Purpose of the Writ-Collection of Debts.&emdash;The writ of mande mus is an extraordinary legal remedy designed to meet emergencies and prevent a failure of justice, and is not designed as a remedy to enforce the collection of debts.</p> <p>2. Mandamus-Contraetural Obligation-Collection from Ptiblic cannot be used to enforce mere eohtractural obligations between private persons, nor, as a general rule, can it be used to' enforce the collection of a mere money from a public officer if the creditor has a full, adequate and complete remedy by an ordinary action at law.</p> <p>3. Mandamus-Remedy at Law-Adequate and Complete.-&emdash;The in mandamus proceedings is not whether the applicant has a remedy at law, but is that remedy adequate and The other remedy is not adequate where it involves tedious and expensive litigation, or suits against third persons, or is obsolete and inoperative, or does not afford relief upon the very subject matter of litigation. It is not complete where it leaves unperformed the very act the performance of which is sought by the writ. There are also other instances where the remedy at law is not adequate and complete.' But where an ordinary action at law will afford the applicant full, complete and speedy relief, mandamus as a general rule does not lie.</p> <p>4. Mandamus-Public Officers-;-Action on Official Bond.-In a of instances mandamus against public officers to enforce the payment of funds in their hands has been refused because the party applying for the writ had not exhausted his remedy on the officer’s official bond. But the mere fact that a party has a remedy by an action.on the official bond of an officer, however, will not alone bar relief by mandamus. Such a remedy may be far from adequate and complete.</p> <p>5. Public Officers-Refusal to Pay Over Money on Order of Court &emdash;Contempt.&emdash;Where money is in the hands of an officer of the court, subject to the order of the court, it is clearly a contempt of th