Hinshaw v. McIver

It is settled law in this jurisdiction that mandamus will lie to compel the performance of a purely ministerial duty imposed by law, and that the party seeking the writ must have a clear legal right to demand it, and the party sought to be coerced must be under legal obligation to perform the.duty. Bryan v. Sanford, ante, 30, 97 S.E. 2d 420; Nebel v. Nebel, 241 N.C. 491 (499), 85 S.E. 2d 876; Harris v. Board of Education, 216 N.C. 147, 4 S.E. 2d 328. “Its purpose is to compel the performance of a ministerial duty — not to establish a. legal right, but to enforce one which has been…