Universal Church v. Trustees of Section Twenty-nine
Ohio Supreme Court
-This cause was adjourned from Hamilton county. At the May term of this court, in Hamilton county, an alternative mandamus was issued upon the relation of the Universal Church against the trustees of the ministerial section, No. 29, granted by Congress for religious purposes, lying in Columbia township, commanding that they pay to the relators an equal dividend of the rents and profits of said section, for distribution in January in the years 1833-34, or show cause why they…
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-This cause was adjourned from Hamilton county. At the May term of this court, in Hamilton county, an alternative mandamus was issued upon the relation of the Universal Church against the trustees of the ministerial section, No. 29, granted by Congress for religious purposes, lying in Columbia township, commanding that they pay to the relators an equal dividend of the rents and profits of said section, for distribution in January in the years 1833-34, or show cause why they refuse. To this writ, the trustees return the following cause for refusing to pay, that is to say: That by law every…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
The first inquiry claiming our attention is, whether, by the common law, it is competent for the relator to traverse and falsify the return made to an alternative mandamus ? ' The object of the remedy by mandamus is to compel public officers and private individuals in matters relating to the public, to perform their public duties. 3 Bl. Com. 110; Bac. Ab., Mandamus; It is a writ to compel action by, not to give remedy against, the individual officer, for injury resulting from an imperfect or improper action. 3 Burr. 126, 167; 5 Bin. 103.
At the…
2Cases cited3 opinions
- Commonwealth ex rel. Griffith v. CochranSupreme Court of Pennsylvania · 1812
- Commonwealth ex rel. Witmer v. Commissioners of Lancaster CountySupreme Court of Pennsylvania · 1813
- Murray v. HatchMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- State ex rel. Brockler v. O'MalleyOhio Court of Appeals · 2020