City of Asbury Park, N. J. v. Christmas

BUFFINGTON, Circuit Judge.

Assuming for present purposes the power of the court below in ordinary cases to issue a writ, of mandamus upon a municipality to aid a judgment creditor in enforcing such judgment, it still remains the law, as stated by the Supreme Court of the United States in Duncan Townsite Co. v. Lane, 245 U. S. 308, 311, 38 S. Ct. 99, 101, 62 L. Ed. 309, that: “Mandamus is an extraordinary remedial process which .is awarded, not as a matter of right, but in the exercise of a sound judicial discretion. It issues' to remedy a wrong, not to promote one; to compel the performance of…