August 22, 2012

Nederland

Tory Burch Outlet: damus is not the pro damus is not the proper remedy, but an action at law, on implied promise, to recover the proper share of expense. Village of BloomerTown of BloomerBefore a public officer can be compelled by mandamus to perform an act, the duty must be clear and the act within his power to perform. State ex rel. RoweKrumenauer,State ex rel. RoweFlorin ; State ex rel. RoweJohnson,State ex rel. RoweBerlin,State ex rel. RoweHine ; State ex rel. RoweMinto, ,N. WTo assessors Mandamus will lie to compel town assessors to reduce the amount of an assessment of personal property, if they have refused to reduce it after the per Tory Burch Outlet son assessed has made and presented the affidavit required by statute for that purpose. WardAssessors of Delavan, It is the duty of an assessor, in assessing lands, duly surveyed and platted into lots and blocks, by a legally recorded plat, to enter such lots and the valuations thereof separately upon the assessment roll, subject to the single exception mentioned In, R. S and the performance of such duty may be compelled by mandamus. NeuToegeThe right to such writ, of one who would be prejudiced by the failure of the assessor to assess platted lots separately, is not affected by the provisions of. R. S to the effect that when contiguous lots owned by the same person are assessed together as one 'parcel, in violation of. R. S such assessment shall not Tory Burch Flats be invalid on that ground; the purpose of that section being merely to prevent the public from being prejudiced in the collection of its revenues, by irregularities inControlling public officers, boards, etc.assessment working no substantial injury. Ibid.To bank comptroller The writ will lie to compel the bank comptroller to pay over funds in his hands, being the assets of a bank, on which he claimed a lien in favor of the state. State ex rel. MarshallRusk, The writ will not He to compel the bank comptroller to surrender securities held by him in trust for the bill-holders of banks. State ex rel. BrownRusk, WTo board of capltol commissioners It was entirely competent for the board of commissioners appointed by ch L to superintend the completion of the st

August 30, 2012

Nederland

Tory Burch Flats: ther de factoor de j ther de factoor de jure,and one supervisor alone having no power to levy a tax. Ibid Upon an application for a mandamus to compel county officers to carry out the provisions of an act of the legislature, the validity of such act may be inquired Into, and if it Is invalid the writ will be denied. State ex rel. KeenanMilwaukee Co If a statute requiring the levy and collection of a tax is void, any ministerial officer whose duty it would otherwise be to perform acts in execution of the statute, may refuse to perform them; and mandamus will not lie against him to compel their performance. State ex rel. Mc Tory Burch Outlet CurdyTappan, It is very doubtful whether a writ of mandamus can properly go to compel public officers to do a given act, as to which they have an almost absolute discretion; but It cannot, where the application is under a statute which is Invalid. State ex rel. La TalleSauk Co,Mandamus Is an appropriate remedy to enforce the right of one who has a prima facietitle to an office to be admitted thereto. The proceeding under, , R. S to compel the delivery of books and papers, affords no adequate remedy in such a case. State ex rel. JonesOatesIn such a case, the defendant cannot plead that he received the greatest number of votes for the office. The proper proceeding to contest an election Is a quo warranto. Ibid. Where a duty imposed upon publicIX. Subje Tory Burch Flats cts and Purposes of Relief, b. officers Is one requiring the exercise of judgment and discretion on their part, mandamus will not lie to compel the performance thereof. State ex rel. GerickeMayor and Common Council of AhnapeeMandamus will not lie to compel the performance of an act by a public officer unless such act is actually due from the officer at the time of the application. State ex rel Board of Education of SuperiorHunterWhere a person has a prima facieright to an office by virtue of a certificate of election, and is refused the right to exercise the same, mandamus is the proper remedy to obtain possession thereof. State ex rel McCoaleKerstenWhere one of two municipalities jointly charged with the maintenance of a bridge refuses to do its part, man