People ex rel. Olson v. Sweitzer

Mr. Presiding Justice Baker

delivered the opinion of the court.

‘ ‘ The writ of mandamus lies to do what ought to be done, not to undo what oug’ht not to have been done.” Merrill on Mandamus, sec. 42; Sweet v. Conley, 20 R. I. 381; W. C. T. Co. v. Marshall, 49 Tenn. 121; People ex rel. Seeberger v. Rose, 164 Ill. App. 159.

In Ex parte Nash, 19 Q. B. 92, 69 E. C. L. 92, Lord Campbell said: “The writ of mandamus is most beneficial ; but we must keep its operation within bounds, and not grant it at the fancy of all mankind. We grant it when that has not been done which a statute orders to be done;…