Morrissette v. DeZonia

The preliminary issue here is whether mandamus is a proper remedy in this case.

A writ of mandamus lies to compel public officers to perform their prescribed statutory duties.

“. . . Mandamus, however, is an extraordinary remedy and will not lie if there is another adequate and specific remedy at law (Underwood v. Karns (1963), 21 Wis. 2d 175, 124 N. W. 2d 116), or if the act lies entirely within the discretion of the officer.”

And it has been held to be an abuse of discretion for a court to compel action through mandamus when the duty is not clear and unequivocal and requires the exercise of…