Hinnekens v. Magee

The opinion of the court was delivered by

Bodine, J.

Petitioner seeks a peremptory or alternative writ of mandamus directing the Commissioner of Motor Vehicles to issue a license enabling the petitioner to operate a motor vehicle in this state, or in the alternative a writ of certiorari to review the action of the Commissioner in failing to issue a driver’s license to the petitioner.

The allowance of a peremptory writ of mandamus rests in judicial discretion and it is awarded onty in cases when the act to be done is ministerial and the duty clear. Constam v. Darby, 95 N. J. L. 318.

Treating the…