Clarke v. Hill

Relator obtained a peremptory mandamus issued out of the circuit court requiring the respondent to transfer certain stock in a private corporation to the relator upon the books of the company. The learned circuit judge was of the opinion that, while there were other remedies, inasmuch as he was able to say that the right to the stock was clear, the writ should issue.

Mandamus is an extraordinary remedy, and is recognized as such. We have often held that it is inappropriate where there is another adequate remedy in law or in equity; and, as it is never supposed to be issued where there is not a…