Segre v. Ring

“Mandamus is an extraordinary remedy, granted only in cases where the usual modes of procedure and forms of remedy are powerless to afford relief.” Carrick v. Langtry, 99 N. H. 251, 253. It may be resorted to only for the purpose of enforcing the performance of duties in which the public has an interest. 34 Am. Jur., Mandamus, s. 2, p. 809. It is granted only when the plaintiff has a clear and apparent legal right to the performance of the act requested. O’Brien v. Fuller, 93 N. H. 221; Maclay v. Fuller, 96 N. H. 326.

Viewed in the light most favorable to the plaintiffs (Langdon v. Sibley, 100…