Fong, Auditor v. Sapienza, Judge

OPINION OF THE COURT BY

TOWSE, J.

(Le Baron, J., dissenting.)

This is a proceeding invoking the original jurisdiction of this court upon a question arising under a writ of mandamus directed to an inferior court.

The proceeding is exclusively statutory. Under the heading of “Extraordinary Legal Remedies,” chapter 211, Revised Laws of Hawaii 1945, defines the nature, object, procedural practices and the criteria for determination of the sufficiency of the application, the alternative writ, the return and the peremptory writ of mandamus. It declares that the object of the writ is to “prevent a…