Black’s Law Dictionary 1st Edition, page 748:
Lat. We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative, or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to bis or their public, official, or ministerial duty, or directing the restoration at ” the complainant to rights or privileges of which he has been illegally deprived.
The action of mandamus is one, brought in a court o f competent jurisdiction, to obtain a n order at such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. Rev. Code Iowa, 1880, § 3373.
The writ of mandamus is either peremptory or alternative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to issue the alternative writ first. This commands the defendant to do tile particular act, or else to appear and show cause against it at a day named. If he neglects to obey the writ, and either makes default in his appearance or fails to show good cause against the application, the peremptory mandamus issues, which commands him absolutely and without qualification to do the act.
Black’s Law Dictionary 2nd Edition, page 754:
Lat. We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative, or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to bis or their public, official, or ministerial duty, or directing the restoration at ” the complainant to rights or privileges of which he has been illegally deprived.
The action of mandamus is one, brought in a court o f competent jurisdiction, to obtain a n order at such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. Rev. Code Iowa, 1880, § 3373.
Classification. The writ of mandamus is either peremptory or alternative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to issue the alternative writ first. This commands the defendant to do tile particular act, or else to appear and show cause against it at a day named. If he neglects to obey the writ, and either makes default in his appearance or fails to show good cause against the application, the peremptory mandamus issues, which commands him absolutely and without qualification to do the act.
Black’s Law Dictionary 3rd Edition, page 1152:
Lat. We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative, or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to bis or their public, official, or ministerial duty, or directing the restoration at ” the complainant to rights or privileges of which he has been illegally deprived.
The action of mandamus is one, brought in a court o f competent jurisdiction, to obtain a n order at such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. RRev. Code Iowa, 1880, § 3373 (Code 1931, § 12440).
The writ of mandamus is a summary writ issuing from the proper court, commanding the official board to whom it is addressed to perform some specific legal duty to which the party applying for the writ is entitled of legal right to have performed.
Black’s Law Dictionary 4th Edition, page 1113:
MANDAMUS. Lat. We command. This is the name of a writ (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, ad- ministrative or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or ministerial duty, or direct- ing the restoration of the complainant to rights or privileges of which he has been illegally deprived. Lahiff v. St. Joseph, etc., Soc., 76 Conn. 648, 57 A. 692, 65 L.R.A. 92, 100 Am.St.Rep. 1012.
The action of mandamus is one, brought in a court of competent jurisdiction, to obtain an order of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus, can only compel it to act, but cannot control such discretion. Rev.Code Iowa, 1880, § 3373 (Code 1931, § 12440).
Writ of “mandamus” is summary writ issued from court of competent jurisdiction to command performance of specific duty which relator is entitled to have performed. Peo- ple v. Nelson, 346 Ill. 247, 178 N.E. 485, 487.
It is legal, not equitable, remedy, and, when issued, is an inflexible peremptory command to do a particular thing. State ex rel. Onion v. Supreme Temple Pythian Sisters, 227 Mo.App. 557, 54 S.W.2d 468, 469.
The writ of mandamus is either peremptory or alternative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to issue the alter- native writ first. This commands the defendant to do the particular act, or else to appear and show cause against it at a day named. If he neglects to obey the writ, and either makes default in his appearance or fails to show good cause against the application, the peremptory mandamus issues, which commands him absolutely and without qualification to do the act.
Black’s Law Dictionary 7th Edition, page 973:
mandamus (man-day-mas), n. [Latin “we com-. mand”] A writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. – Also termed writ of mandamus. PI. mandamuses. – mandamus, vb.
alternative mandamus. A mandamus is sued upon the first application for relief, com manding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not per forming it.
peremptory mandamus. An absolute and unqualified command to the defendant to do the act in question. • It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
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