United States v. Boutwell
Supreme Court of the United States
On motion. Mr. B. W. Corwine, in behalf of the owners of an order on the Treasury of the United States, had applied to the Supreme Court of the District of Columbia for a mandamus on the Hon. G. S. Boutwell, then Secretary of the Treasury, to pay it. That court refused the mandamus, and the case was brought, on error, by the relators here. After it had got into this court, Mr. Boutweli resigned his place of Secretary and the Hoii. W. A. Richardson was appointed to it..
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On motion. Mr. B. W. Corwine, in behalf of the owners of an order on the Treasury of the United States, had applied to the Supreme Court of the District of Columbia for a mandamus on the Hon. G. S. Boutwell, then Secretary of the Treasury, to pay it. That court refused the mandamus, and the case was brought, on error, by the relators here. After it had got into this court, Mr. Boutweli resigned his place of Secretary and the Hoii. W. A. Richardson was appointed to it.. Hereupon Mr. Corwine moved for leave to bring in and substitute Mr. Richardson on the record as defendant in the place of Mr.…
1Opinion of the CourtJustice Strong
The office of a writ of mandamus is to compel the perforrhance of a duty resting upon the person to whom the writ is sent. That duty may have originated in one way or in another. It may, as is alleged in the present case, have arisen from the acceptance of an office which has imposed ,the.duty upon its incumbent. .But no matter out of what facts or relations the duty has grown, what the law regards and what it seeks to enforce by a writ of mandamus, is the personal bbligation of the individual to whom it addresses the writ. If he be an officer, and the duty be an official one, still the writ…
2Cases cited1 opinion
- Marbury v. MadisonSupreme Court of the United States · 1803
3Cited by103 opinions
- Cunningham v. MacOn & Brunswick R. Co.Supreme Court of the United States · 1883
- Warner Valley Stock Co. v. SmithSupreme Court of the United States · 1897
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Marilyn A. Bobula v. United States Department of JusticeCourt of Appeals for the Federal Circuit · 1992
- Richardson v. McChesneySupreme Court of the United States · 1910
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