Board of Managers of the James Walker Memorial Hospital v. City of Wilmington
Supreme Court of North Carolina
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
- Harris v. . Board of EducationSupreme Court of North Carolina · 1939
- Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
- Hayes v. . BentonSupreme Court of North Carolina · 1927
- Wilkinson v. . Board of EducationSupreme Court of North Carolina · 1930
- Mears v. . Board of EducationSupreme Court of North Carolina · 1938
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3Cited by20 opinions
- King v. BaldwinSupreme Court of North Carolina · 1970
- Lloyd v. BabbSupreme Court of North Carolina · 1979
- General Electric Company v. TurnerSupreme Court of North Carolina · 1969
- Snow v. North Carolina Board of ArchitectureSupreme Court of North Carolina · 1968
- Moody v. Transylvania CountySupreme Court of North Carolina · 1967
15 more not listed; retrieve them via the Exa API.