Riesland v. Bailey

The appellant assigns error in sustaining the demurrer to the alternative writ. The question submitted is- whether mandamus will lie to inquire into an abuse of discretion by such an official as- the county clerk. The general rule, which is well recognized, is that where the performance of an official duty or act involves the exercise of judgment or discretion, the officer cannot ordinarily be controlled with respect to the particular action he will take in the matter; he can only be directed to act, leaving the matter as to what particular action he will take to his determination: 18 R. C.…