Ball v. Lappius
Multnomah County Circuit Court, Oregon
Petition for writ of mandamus. Tus petition alleges that one Adam, “ a small-pox patient”, is, and for six days has boon, lying and being in a tenement building immediately adjoining the place of business of the petitioner in the city of Portland; that tho locality is thickly populated with men, women and children, and there is great danger oí said disease spreading among the "people.
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Petition for writ of mandamus. Tus petition alleges that one Adam, “ a small-pox patient”, is, and for six days has boon, lying and being in a tenement building immediately adjoining the place of business of the petitioner in the city of Portland; that tho locality is thickly populated with men, women and children, and there is great danger oí said disease spreading among the "people. That the business oí the petitioner, and business generally in the vicinity has been suspended by reason of the presence of said disease. The petition cites a city ordinance passed in 1862, which ordains: 1st.…
1Opinion of the CourtUpton, J.
filed the following opinion:
The writ of mandamus lies to compel an officer to perform an act which the law specially enjoins as a duty resulting from an office trust or station.'
• It may require the officer to proceed to the discharge of any of his functions, although such discharge involves an exercise of discretion and judgment, and a choice between different modes of proceeding; yet “it shall not control judicial discretion.” And it is safe to go further, and say it shall not control discretion, judicial or otherwise, which the law assigns to an officer. (Judges of Oneida v. People, 18…
2Cases cited3 opinions
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- Van Rensselaer v. Sheriff of AlbanyNew York Supreme Court · 1823
- Ex parte NelsonNew York Supreme Court · 1823
3Cited by4 opinions
- McGill v. OsborneSupreme Court of Georgia · 1908
- Morris, Mather & Co. v. Port of AstoriaOregon Supreme Court · 1932
- Iba v. Central Ass'n of WyomingWyoming Supreme Court · 1895
- State Ex Rel. Coast Holding Co. v. EkwallOregon Supreme Court · 1933