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Updated: June 29, 2025
He was a hot-headed, active loyalist, and commissioner of His Majesty's customs, as well as mandamus councilor, which facts made him obnoxious to the public, and in 1775, during the siege of Boston, he found it wise hastily to vacate his house and seek refuge in the city.
Madison, who immediately afterwards became Secretary of State, withheld it from him. Marbury therefore applied to the Supreme Court for a writ of mandamus to compel its delivery.
Harte that I have received his letter of the 27th May, N. S., and that I advise him never to take the English newswriters literally, who never yet inserted any one thing quite right. I have both his patent and his mandamus, in both which he is Walter, let the newspapers call him what they please. LONDON, July 9, O. S. 1750.
A new contention was involved by asking whether the request made to the Supreme Court to issue a mandamus would hold against the provisions of the Constitution, which did not include mandamus in the powers specifically given to the court.
If the Court disobeyed, he might himself frame a dispatch ordering Lord William Bentinck to put the dawks all over Bengal on horseback. If the Court refused to send out this dispatch, the Board could apply to the King's Bench for a mandamus.
In accordance with the Charter Act, he proceeded to appoint the so-called "mandamus" councillors. An irregularly elected Provincial Congress declared that it stood by the charter of 1692, under which the councillors were elected by the General Court. The first effect of the coercive acts was, therefore, to show that the people of Massachusetts stood together.
Fortunately for the University these are now well recognized. The first decision arose through the efforts of the Legislature to compel the Regents to establish a Professorship of Homeopathy in the University, and a mandamus action was brought in 1865 to compel the University to carry out the provisions of a clause to that effect, inserted in the Organic Act of the University in the years before.
Again, he evaded the perilous responsibility of passing upon the validity of the recent Repeal Act in quo warranto proceedings, such as were then being broached. * For if the Supreme Court could not issue the writ of mandamus in suits begun in it by individuals, neither could it issue the writ of quo warranto in such suits.
But with his receipt in your possession, that would be bona-fide evidence of an implied contract of bargain and sale between you and the State of California. You could institute a mandamus suit and force him to make the selection of lieu lands for you." "I figured it out that way" said Bob musingly.
It has been held in the case referred to that as the Supreme Court of the United States is by the Constitution rendered incompetent to exercise this power, and as the circuit court of this District is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the District, the right to issue the writ of mandamus is incident to its common-law powers.
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