People ex rel. Van Dyke v. Colorado Cent. R.
U.S. Circuit Court for the District of Colorado
At Law. On petition for mandamus. On the 28th day of August, 1889, there was filed in the district court of Larimer county, in this state, a petition, 'the material parts of which are as follows: “Tour petitioner, Isaac N. Van Dyke, on behalf of the people of the state of Colorado, respectfully represents unto your honor that he is informed and believes that heretofore, to-wit, on the 12th day of May, A. D. 1884, the Colorado Central Railroad Company was a corporation of the…
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At Law. On petition for mandamus. On the 28th day of August, 1889, there was filed in the district court of Larimer county, in this state, a petition, 'the material parts of which are as follows: “Tour petitioner, Isaac N. Van Dyke, on behalf of the people of the state of Colorado, respectfully represents unto your honor that he is informed and believes that heretofore, to-wit, on the 12th day of May, A. D. 1884, the Colorado Central Railroad Company was a corporation of the state aforesaid; that said railroad extended- through and from the city of Fort Collins to the northern line of said…
1Opinion of the Court
Caldwell, J.,
(after stating the facts as above.) The writ of mandamus is no longer a prerogative writ, but it is now regarded as in the nature of an action by the relator against the respondent for the enforcement of a legal right or duty which cannot be fully or adequately enforced in any other mode. It is used only to compel action and enforce the performance of a pre-existing duty. One who invokes its powers must show a clear legal right to have the act performed, and performed in the manner prayed for, and by the person or corporation sought to be coerced. Every fact essential to the…
2Cases cited6 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- State v. Sioux City & Pacific RailroadNebraska Supreme Court · 1878
- Washington Imp. Co. v. Kansas Pac. Ry. Co.U.S. Circuit Court for the District of Kansas · 1879
- United States ex rel. Hall v. Union Pac. R.U.S. Circuit Court for the District of Iowa · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
- Indiana ex rel. City of Muncie v. Lake Erie & W. Ry. Co.U.S. Circuit Court for the District of Indiana · 1898
- State ex rel. Public Service Commission v. Missouri Southern RailroadSupreme Court of Missouri · 1919
- Alabama Cent. R. v. Alabama Public Service CommissionSupreme Court of Alabama · 1917
- State ex rel. Dunn v. MooresNebraska Supreme Court · 1904