Dwyer v. Clerk of District Court for Scott County

I cannot agree that the district court’s well-reasoned ruling, denying mandamus in these circumstances, should be overturned.

The rules we apply in these cases are summarized succinctly in 52 Am.Jur.2d Mandamus § 64, at 388 (1970):

To warrant the issuance of [a] writ [of mandamus], not only must there be a legal right in the relator, but, owing to the extraordinary and drastic character of mandamus and the caution exercised by courts in awarding it, it is also important that the right sought to be enforced be clear and certain. There must be an immediate right to have the act in question…