Cloe v. State Ex Rel. Hale

“Where the application is for mandamus, it is essential that the relator have a clear legal right to the thing demanded, and it must be the imperative duty of the respondent to perform the act required.” Armstrong v. O’Neal, Gov., 176 Ala. 611, 615, 58 South. 268, 270; Minchener v. Carroll, 135 Ala. 409, 33 South. 168.

The petition here exhibited is fatally defective as to both of these requirements.

1. The petitioner has no natural or inherent right to operate motor vehicles, as common carriers of passengers, on the streets of Birmingham. City of Montgomery v. Orpheum Taxi Co., 203 Ala. 103,…