Siena v. Grand Lodge

Joseph L. Smith, J. S. C.

This is an action in lieu of a prerogative writ, and in the instant case it wonld have been a writ of mandamus. Such a proceeding is of ancient origin, having been invoked since the time of Edward the Third. It was issued by the King in accordance with his pleasure, when in those days he was supposed to have sat personally as Judge of the Court of the King’s Bench. It is a remedy clearly within the discretion of the Court.

“According to the theory of the common law, he (King) was the fountain of justice, and where the laws did not afford a remedy, and enable the…