State ex rel. Glancey v. St. Paul

Citations

• 113 La. 1066
• 37 So. 972
• 1905 La. LEXIS 812

Syllabus

<p>MANDAMUS TO COURT — LEGAL DISCRETION.</p> <p>On application of the present relators, the district court caused a rule to issue upon the stenographer of the court to show cause why he should not do a certain act, which they averred it was his duty to do, but which he had refused to do. On hearing of the rule, it was discharged at relators’ costs. Relators now apply to this court for a mandamus compelling the district court to give the order which it had refused to give, or to issue itself that order to the stenographer.</p> <p>This application is refused. The district judge was vested with the legal discretion to decide the rule, and, having done so, his judgment thereon should not be reviewed by mandamus. This case presents no exceptional features.</p> <p>(Syllabus by the Court.)</p>