Champion v. Vance County Board of Health

It is well settled in this State that "Mandamus lies only to compel a party to do that which it is his duty to do without it. It confers no new authority. The party seeking the writ must have a clear legal right to demand it, and the parties to be coerced must be under legal obligation to perform the act sought to be enforced.” Person v. Doughton, 186 N. C., 723, 120 S. E., 481; White v. Comrs. of Johnston County, 217 N. C., 329, 7 S. E. (2d), 825, and cases there cited.

' Applying these principles to the facts alleged in the complaint and found by the court, we are of opinion that plaintiff…