White v. . Comrs. of Johnston

It is well settled in this State that: "Mandamus lies only to compel a party to do that which it is his duty to do without it. It confers no new authority. The party seeking the writ must have a clear legal right to demand it, and the party to be coerced must be under a legal obligation to perform the act sought to be enforced.” Person v. Doughton, 186 N. C., 723, 120 S. E., 481; Martin v. Clark, 135 N. C., 178, 47 S. E., 397; Wilkinson v. Board of Education, 199 N. C., 669, 153 S. E., 163; Powers v. Asheville, 203 N. C., 2, 164 S. E., 324; Rollins v. Rogers, 204 N. C., 308, 168 S. E., 206;…