Rock v. Thompson

MR. JUSTICE MORAN,

also dissenting:

In addition to joining the dissents of Mr. Justice Underwood and Mr. Justice Ryan, I submit the following reasons as to why mandamus is an inappropriate remedy in this case.

Article VI, section 4, of the Illinois Constitution of 1970 empowers this court to exercise original jurisdiction in cases relating to mandamus. The traditional use of the writ of mandamus has been to compel the officer to whom it is addressed to perform a ministerial duty which he has failed to perform. (People ex rel. Atchison, Topeka & Santa Fe Ry. Co. v. Clark (1957), 12 Ill. 2d 515,…