John J. Donnelly v. Honorable Barrington D. Parker

The comment has reference to the language of Bankers Life & Cas. Co. v. Holland, 346 U.S. 379, 384, 74 S.Ct. 145, 98 L.Ed. 106 (1953) repeated in the present opinion of our court. The language conveys the view that the burden rests upon the petitioner for the writ of mandamus to show “that its right to issuance of the writ is ‘clear and indisputable.’ ” The “clear and indisputable” language in turn is taken from United States v. Duell, 172 U.S. 576,- 582, 19 S.Ct. 286, 43 L.Ed. 559 (1899). I should suppose “indisputable” is to be read as somewhat synonymous with “clear,” for in Bankers Life…