Mitchell v. Boardman
Supreme Judicial Court of Maine
On report. . The case is stated in the opinion. It was agreed between the parties before the drawing of the petition, that no question as to the right of a private citizen to petition in a public matter would be raised, and it is presumed that no such contention will be made. For the convenience of the court, however, in case any doubt of its authority to issue the writ prayed for, should arise in connection with that question, the following cases are cited.
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On report. . The case is stated in the opinion. It was agreed between the parties before the drawing of the petition, that no question as to the right of a private citizen to petition in a public matter would be raised, and it is presumed that no such contention will be made. For the convenience of the court, however, in case any doubt of its authority to issue the writ prayed for, should arise in connection with that question, the following cases are cited. Hamilton, Auditor v. The State, 3 Ind. 452; The People v. Collins et al. 19 Wend. 56 : Union Pacific R. R. Co. v. Hall, 91 U. S. 355,…
1Opinion of the CourtDanforth, J.
In this case the petitioner in his individual capacity applies for a writ of mandamus to compel the respondent, the judge of the police court of the city of Belfast, to issue a, warrant of search and seizure upon his complaint in due form *471under oath. It has for a very long time been well settled law in this state that "a private individual can apply for this remedy only in those cases, where he has some private or particular interest to be subserved, or some particular right to be pursued or protected by the aid of this process, independent of that which he holds in common with the public at…
2Cited by11 opinions
- Fritts v. CharlesCalifornia Supreme Court · 1904
- People ex rel. Bartlett v. BusseIllinois Supreme Court · 1909
- State Ex Rel. Naramore v. HensleyNew Mexico Supreme Court · 1949
- State ex rel. Smith v. DrakeWisconsin Supreme Court · 1892
- Edwards Manufacturing Co. v. FarringtonSupreme Judicial Court of Maine · 1906
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