United States Ex Rel. Boynton v. Blaine
Supreme Court of the United States
.ERROR TO THE SUPREME COURT OE THE DISTRICT OE COLUMBIA. Sylvanus C. Boynton filed his petition in the Supreme Court of the District of Columbia, November 23,1889, against the Secretary of State, for a mandamus to compel him to pay the petitioner, as assignee of one Weil, certain moneys in respect of a claim allowed under the convention between the United States and Mexico for the adjudication of claims of citizens of either country upon the government of the other, .of July…
Read the full summary
.ERROR TO THE SUPREME COURT OE THE DISTRICT OE COLUMBIA. Sylvanus C. Boynton filed his petition in the Supreme Court of the District of Columbia, November 23,1889, against the Secretary of State, for a mandamus to compel him to pay the petitioner, as assignee of one Weil, certain moneys in respect of a claim allowed under the convention between the United States and Mexico for the adjudication of claims of citizens of either country upon the government of the other, .of July é, 1868, (15 Stat. 679.) The petition set forth from Art. II of the treaty this clause: “The President of the United…
1Opinion of the Court
Mr. Chíef Justice' Fuller,
after stating the case, delivered the opinion of the court.
The writ of mandamus cannot issue in a case where its effect is to direct or control the head of an executive department in the discharge of an executive duty involving the exercise of judgment or discretion. United States ex rel. Redfield v. Windom, 137 U. S. 636, 644. When by special statute, or otherwise, a mere ministerial duty is imposed upon the executive officers of the government; that is, a service which they are bound to perform without further question, then if they refuse, the mandamus may be…
2Cases cited5 opinions
- United States Ex Rel. Angarica v. BayardSupreme Court of the United States · 1888
- Dunlap v. BlackSupreme Court of the United States · 1888
- Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
- United States Ex Rel. Redfield v. WindomSupreme Court of the United States · 1891
- Frelinghuysen v. KeySupreme Court of the United States · 1884
3Cited by35 opinions
- Keim v. United StatesSupreme Court of the United States · 1900
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- Dunham v. ArderySupreme Court of Oklahoma · 1914
- Z. & F. Assets Realization Corp. v. HullSupreme Court of the United States · 1941
- State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
30 more not listed; retrieve them via the Exa API.