State ex rel. Sondheim v. McClain

This case is controlled by the cases of Kollock v. Barnard, 116 Or. 694 (242 P. 847); Noble v. Yancey, 116 Or. 356 (241 P. 335, 42 A. L. R. 1178). It is true that the right to a writ of mandamus is not an absolute right. It is equally true that where petitioner shows that he has an absolute right to relief and no other adequate, complete or speedy remedy has been supplied petitioner is entitled to the remedy of mandamus unless some very special conditions or reasons exist why the writ should not issue. The credit of the state, as well as of said improvement district, would be severely tested…