Robertson v. Derrick
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; The requirement of the statute that notice shall be given of an intention to receive bids is mandatory, and no discretion is allowed or contemplated; and while mandamus will not lie to control a court in the exercise of its discretion, it will lie to compel an officer to perform a ministerial or executive duty.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; The requirement of the statute that notice shall be given of an intention to receive bids is mandatory, and no discretion is allowed or contemplated; and while mandamus will not lie to control a court in the exercise of its discretion, it will lie to compel an officer to perform a ministerial or executive duty. Acts 1911, p. 272, § § 1 and 2; Kirby’s Dig., § 5156; 33 Ark. 450. Mandamus will not lie to compel the performance of an act, until after a request has been, made to perform that act. '26 Cyc. 193, and cases there cited; Id. 198. All…
1Opinion of the CourtWood, J.
The question presented by this appeal is whether or not mandamus will lie at the. instance o| a citizen and taxpayer of Lee County to compel the county judge and the county clerk of that county to give the notice provided by and otherwise comply with Act 181, approved April 12, 1911, which provides, in part, as follows:
“Section 1. It shall be the duty of the county court of Craighead * * * and Lee counties, at the July, 1911, term thereof, and at the same term of court every ..two years thereafter to receive propositions from any bank, banker or trust company in said counties, that may desire…
2Cases cited2 opinions
- People ex rel. Peair v. Board of EducationIllinois Supreme Court · 1889
- Lee County v. State ex rel. Phillips CountySupreme Court of Arkansas · 1880
3Cited by6 opinions
- Mears v. HallSupreme Court of Arkansas · 1978
- Moyer v. AltheimerSupreme Court of Arkansas · 1925
- Gibson v. Lower Running Water Drainage DistrictSupreme Court of Arkansas · 1917
- Dotson v. RitchieSupreme Court of Arkansas · 1947
- Manry v. GleatonSupreme Court of Georgia · 1927
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