Bregman v. Orkin Exterminating Co., Inc.

Wyatt, Presiding Justice.

The first question presented, and in our opinion the controlling question, is whether or not mandamus is the proper procedure to obtain the relief sought by the plaintiff in error. The statute law of this State settles this question. “All official duties should be faithfully performed; and whenever, from any cause, a defect of legal justice would ensue from a failure or improper performance, the writ of mandamus may issue to compel a due performance, if there shall be no other specific, legal remedy for the legal rights.” Code § 64-101. “A private person may by…