Legal Opinion

Board of Managers of the James Walker Memorial Hospital v. City of Wilmington

Supreme Court of North Carolina

Decided May 21, 1952No. 597PublishedCited by 20 opinions

1Opinion of the CourtDeNny, J.

Mandamus is a writ issuing from a court of competent jurisdiction commanding an inferior tribunal, board, corporation, or person to perform a purely ministerial duty imposed by law. The party seeking such writ must have a clear legal right to demand it, and the tribunal, board, corporation, or person must be under a present, clear, legal duty to perform the act sought to be enforced. Hospital v. Joint Committee, 234 N.C. 673, 68 S.E. 2d 862; Poole v. Bd. of Examiners, 221 N.C. 199, 19 S.E. 2d 635; Harris v. Bd. of Education, 216 N.C. 147, 4 S.E. 2d 328; Mears v. Bd. of Education, 214 N.C. 89,…

2Cases cited11 opinions

  1. Harris v. . Board of EducationSupreme Court of North Carolina · 1939
  2. Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
  3. Hayes v. . BentonSupreme Court of North Carolina · 1927
  4. Wilkinson v. . Board of EducationSupreme Court of North Carolina · 1930
  5. Mears v. . Board of EducationSupreme Court of North Carolina · 1938

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3Cited by20 opinions

  1. King v. BaldwinSupreme Court of North Carolina · 1970
  2. Lloyd v. BabbSupreme Court of North Carolina · 1979
  3. General Electric Company v. TurnerSupreme Court of North Carolina · 1969
  4. Snow v. North Carolina Board of ArchitectureSupreme Court of North Carolina · 1968
  5. Moody v. Transylvania CountySupreme Court of North Carolina · 1967

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