State ex rel. Jackson v. Dolley

Citations

• 82 Kan. 533
• 108 P. 846
• 1910 Kan. LEXIS 295

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Parties Defendant. In mandamus it is proper to make persons defendants from whom the performance of no duty is sought, but who might be affected by the judgment.</p> <p>2. --- Process. The character of notice to be served upon such defendants is immaterial, so that they are informed of the pendency of the proceeding.</p> <p>3. -• Performance of Official Duty — Parties. When the individual to be benefited requests a public officer to perform a statutory duty, -and is met with a refusal, the state is a proper plaintiff in mandamus proceedings to compel its performance.</p> <p>4. Statutory Construction — Concrete Controversy Necessary. A court will undertake to pass upon the validity and effect of a statute only when necessary to the determination of an actual and concrete controversy.</p> <p>5. Jurisdiction — Fictitious Suit — Validity of a Statute. Where a request is made of a public officer to perform an act under a statute, and he, although believing that the law requires its performance, refuses because of a doubt on the subject, and because he wishes the question to be quickly and finally settled by the decision of a court, a proceeding brought by the state to compel such action on his part is not fictitious.</p>