Laughinghouse v. City of New Bern

'WiNBORNE, J.

On Plaintiffs’ Appeal: The only assignment of error presented here is based upon exception to the refusal of the trial court to grant a writ of mandamus as prayed by the plaintiffs. On the facts alleged and shown, the exception is not well taken.

"Mandamus lies only to compel a party to do that which it is his duty to do without it. It confers no new authority. The party seeking the writ must have a clear legal right to demand it, and the party to be coerced must be under a legal obligation to perform the act sought to be enforced.” Person v. Doughton, 186 N.C. 723, 120 S.E. 481;…