State ex rel. Texarkana, Shreveport & Natchez Railway Co. v. Smith
Citations
- 104 La. 370
Syllabus
<p>Syllabus.</p> <p>A writ of mandamus will not lie unless the action desired is of absolute obligation on the part of the person sought to be coerced; and the relator must show not only a clear legal right to have the thing done, but to have it done in the manner and form in which he desires the respondent to perform it.</p> <p>The act must be clearly prescribed and enjoined by law; and the duty must be plain and positive. This is the sense of all the authorities.</p> <p>A board of levee commissioners created by statute to subserve a public purpose, and to effectuate same is given certain public lands for its administration and use, bave no power in • law to make a donation thereof to a private corporation; and no right by mandamus to compel its president to sign an act carrying same into effect.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying Doctrine when last alleged act occurred within the statute of limitations
- \Rhode Island's repealer does not apply retroactively\
Source: CourtListener parenthetical corpus (CC0).
Judges: Bench, Blanchard, Competent, Entertained, Expressed, File, From, Hereafter, Monroe, Ohief, Raise, Reserves, Respondent, Rests, Right, That, Upon, Watkins
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