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Updated: August 29, 2024
"Don't let that trouble you," said the judge. "Make an affidavit before me, reciting the manner in which they were destroyed, and I'll grant you a mandamus compelling the directors to accept them as bona-fide proxies. Let me see how much injured they are."
For each of the States and Territories as well as for the United States there is one supreme court of appellate jurisdiction. This is generally confined to equity causes, election contests and certain actions for extraordinary relief known as prerogative writs, such as informations in the nature of quo warranto and writs of mandamus.
Bentley of all his dignities and offices in the university; but the doctor flying to the royal protection, the university is under a writ of mandamus, to show cause why they do not restore the doctor again, to which it seems they demur, and that demur has not, that we hear, been argued, at least when these sheets were sent to the press. What will be the issue time must show.
Cases were brought to the Supreme Court via the Court of Appeals, one a general suit demanding that petitions from certain counties be rejected because they were fraudulent and insufficient, the other to mandamus the Secretary of State to give the suffragists a hearing to prove their charges.
If conflicting factions contend for the right of issuing ballots in the name of the same party, the courts may be called upon to decide between them on an application for an injunction or writ of mandamus. When title to a political office is contested, the courts, unless there is some constitutional provision to the contrary, may be appealed to for a decision.
The Bishop of Tarbes, informed and influenced, thereupon published the mandamus which placed the church under interdict, forbidding all worship there and all pilgrimages and processions to the tomb of the former priest of Lourdes. As in the case of Bernadette, his memory was proscribed, his portrait could be found, officially, nowhere.
The delegates, however, knew that if they came to Boston they must take their oaths of office before the Mandamus Council. To this the representatives would never submit, and accordingly planned another move. Boston carried out its part under the eye of the governor. The town elected its representatives, chief among whom were Hancock, Warren, and the absent Samuel Adams.
In England the court of king's bench because the Sovereign, who, according to the theory of the constitution, is the fountain of justice originally sat there in person, and is still deemed to be present in construction of law alone possesses the high power of issuing the writ of mandamus, not only to inferior jurisdictions and corporations, but also to magistrates and others, commanding them in the King's name to do what their duty requires in cases where there is a vested right and no other specific remedy.
The Tory was Willard of Lancaster, a mandamus councillor, who well knew Prescott's declared intention never to be taken alive. "He is my brother-in-law," he replied. "Will he fight?" asked Gage. "I cannot answer for his men," said Willard; "but Prescott will fight you to the gates of hell!"
"He treated with the utmost contempt the idea of an independent judiciary.... And if the judges of the Supreme Court should dare, as they had done, to declare an act of Congress unconstitutional, or to send a mandamus to the Secretary of State, as they had done, it was the undoubted right of the: House of Representatives to impeach them, and of the Senate to remove them, for giving such opinions, however honest or sincere they may have been in entertaining them. * And a removal by impeachment was nothing more than a declaration by Congress to this effect: You hold dangerous opinions, and if you are suffered to carry them into effect you will work the destruction of the nation.
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