Burleson v. Rawlins

I base my dissent on the ground that relator has a clear, adequate remedy at law to effectually secure her rights; and where such exists, this Court is without authority to issue the harsh mandatory injunction to compel the District Judge to perform his discretionary duty. The trial Judge heard the testimony and, from it, made the judicial determination, which he •cannot be made to alter by mandatory command of this Court; his prerogative to make the order should not be interfered with by extrajudicial order of this Court. The trial court, in the exercise 'of judicial discretion, had the…