This case has been cited 1 times or more.
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2014-07-22 |
BRION, J. |
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| On the other hand, a petition for mandamus is merely directed against the tribunal, corporation, board, officer, or person who unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an office, trust or station or who unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled.[16] Thus, a writ of mandamus will only issue to compel an officer to perform a ministerial duty. It will not control a public officer's exercise of discretion as where the law imposes upon him the duty to exercise his judgment in reference to any manner in which he is required to act precisely because it is his judgment that is to be exercised, not that of the court.[17] | |||||