Ashby v. Faulkner
District Court, D. Alaska
This is a proceeding seeking the issuance of a writ of mandamus, compelling the United States marshal of this division of Alaska to execute an alias writ of restitution issued on December 12, 1913, out of the court of the United States commissioner of Juneau precinct, in the forcible entry and detainer case of Thomas H. Ashby v. John Hyde.
1Opinion of the Court
JENNINGS, District Judge.
There is very little controversy as to the facts. The first point of law raised is embodied in the question: Will mandamus lie to compel a sheriff or marshal to levy a writ of restitution? This must be answered in the affirmative. Freemont v. Crippen, 10 Cal. 211, 70 Am. Dec. 711, where the court say:
‘•Tlie objection (that there is a plain, speedy, and adequate remedy at law) is not well taken. * * * The execution of final process is specially enjoined by law on defendant as a duty resulting from his office of sheriff, and in our opinion the plaintiff in this case has…
2Cases cited4 opinions
- Fremont v. CrippenCalifornia Supreme Court · 1858
- Coos Bay Railroad v. WiederOregon Supreme Court · 1894
- Swan v. GilbertIllinois Supreme Court · 1898
- Hall v. DexterU.S. Circuit Court for the District of California · 1875