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· 8/9/1921

State ex rel. Foley v. Ramsey

Citations

  • 116 Wash. 541
  • 199 P. 978
  • 1921 Wash. LEXIS 958

Syllabus

<p>Mandamus (31, 35)—Acts of Public Officers—County Board— Matters of Discretion. Mandamus will not lie to compel the board of county commissioners to act upon a petition for a rehearing of their order establishing a drainage district, upon an allegation that the order was based upon a mistake of fact as to the existence of a protest against the establishment of the district, where it does not clearly appear that the order had been entered by mistake under such circumstances as would make it the duty of the board to correct the mistake, and that they, arbitrarily and without the exercise of any discretion, have refused to take the steps necessary to make the correction.</p>

Judges: Tolman

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