Mandamusis a writ issued in the name of the state to an inferior tribunal, acorporation, board or person commanding the performance of an act which the lawspecially enjoins as a duty resulting from an office, trust or station.
1-30-102. By what courts issued; cannot control judicial discretion.
Thewrit can only be issued by the supreme court or the district court. It mayrequire an inferior tribunal to exercise its judgment or to proceed todischarge any of its functions but it cannot control judicial discretion.
1-30-103. Application for writ; notice to defendant.
Theapplication for a writ must be by petition, in the name of the state, on therelation of the party applying and verified by affidavit. The court may requirenotice of the application to be given to the defendant, may grant an order toshow cause why it should not be allowed, or may allow the writ without notice.
1-30-104. Writ not to be issued if adequate remedy at law; partybeneficially interested.
Thewrit must not be issued when there is an adequate remedy at law. It may issueon the information of the party beneficially interested.
1-30-105. Writ to be peremptory if right is clear; alternative writ toissue in other cases.
Whenthe right to require the performance of the act is clear and it is apparentthat no valid excuse can be given for not performing it, a court may allow aperemptory mandamus. In all other cases an alternative writ must first beissued on the allowance of the court, or a judge thereof.
1-30-106. Docket entry of allowance of writ.
Theallowance of a peremptory writ ordering the defendant to do the act requiredimmediately upon service, or an alternative writ ordering that he do the act orshow cause before the court at a specified time and place why he does not dothe act, shall be entered upon the docket.
1-30-107. Issuance and service of writ.
Thewrit shall be issued by the clerk of the court in which the application is madeand shall contain a copy of the petition, verification and order of allowance.A copy shall be served upon the defendant personally, by the sheriff of theproper county or by a person specially authorized by the court or judge. Theofficer or person shall report his proceedings to the court, and if the serviceis made by a person not an officer, the return must be verified by hisaffidavit.
1-30-108. Defendant may answer.
Onthe return day of an alternative writ or such other day as the court may allow,the defendant may answer as in a civil action.
1-30-109. Judgment on default.
Ifno answer is made, a peremptory mandamus shall be allowed against thedefendant.
1-30-110. Effect and construction of pleadings.
Thepleadings shall have the same effect and be construed and amended as in civilactions.
1-30-111. Issues of fact; trial.
Issuesof fact made by the pleadings shall be tried and further proceedings hadthereon the same as in civil actions.
1-30-112. Judgment for plaintiff; damages.
Ifjudgment is for the relator, he may recover damages as ascertained by thecourt, a jury or by a referee or master as in a civil action, plus costs. Aperemptory mandamus shall also be granted to him without delay.
1-30-113. Recovery a bar to other actions.
Arecovery of damages against a defendant shall bar any other action upon thatcause of action.
1-30-114. Costs against relator.
Ifjudgment is given for the defendant, all costs shall be adjudged against therelator.
1-30-115. Penalty for failure to comply with mandamus.
Whena peremptory mandamus is directed to a public officer, body or board commandingthe performance of a public duty specially enjoined by law, and the court findsthat the officer or any member of a body or board has, without just excuse,refused or neglected to perform the duty enjoined, the court may impose a finenot exceeding five hundred dollars ($500.00) on the officer or member. Paymentof the fine shall bar an action for any penalty incurred by the officer ormember by reason of his refusal or neglect.
1-30-116. County treasurer to levy and assess tax upon mandamus.
Whena peremptory mandamus is issued against the commissioners of a county, thetrustees of a school district or the officers of a municipal corporation tolevy and assess a tax to pay interest upon a debt or to create a sinking fundfor the payment of a funded debt, and the officers have resigned, or refuse orneglect to levy and assess the tax, or their offices are vacant, upon motion ofan interested person, the court may issue a special order to the county treasurerof the proper county commanding him to levy and assess the taxes required bylaw and to place the same upon the tax list for collection by the countytreasurer.
1-30-117. County treasurer to levy and assess tax upon mandamus;duties and fees of treasurer.
Whena special order is issued to the county treasurer he is responsible for itsexecution in the same manner as if he were an officer of the court. He shallreceive such fees for his services in executing the order, if not otherwisefixed by the court, as are allowed by law for making tax duplicates. The feesand all other costs of the proceedings shall be added to the taxes levied inexecuting the order, and placed upon the duplicate for collection with thetaxes.
1-30-118. County treasurer to levy and assess tax upon mandamus;powers of court.
Theprovisions of W.S. 1-30-116 and 1-30-117 shall not be construed to limit thepower of the court to carry its order and judgment into execution or to punishany officer named therein for contempt or disobedience of its orders or writs.
Mandamusis a writ issued in the name of the state to an inferior tribunal, acorporation, board or person commanding the performance of an act which the lawspecially enjoins as a duty resulting from an office, trust or station.
1-30-102. By what courts issued; cannot control judicial discretion.
Thewrit can only be issued by the supreme court or the district court. It mayrequire an inferior tribunal to exercise its judgment or to proceed todischarge any of its functions but it cannot control judicial discretion.
1-30-103. Application for writ; notice to defendant.
Theapplication for a writ must be by petition, in the name of the state, on therelation of the party applying and verified by affidavit. The court may requirenotice of the application to be given to the defendant, may grant an order toshow cause why it should not be allowed, or may allow the writ without notice.
1-30-104. Writ not to be issued if adequate remedy at law; partybeneficially interested.
Thewrit must not be issued when there is an adequate remedy at law. It may issueon the information of the party beneficially interested.
1-30-105. Writ to be peremptory if right is clear; alternative writ toissue in other cases.
Whenthe right to require the performance of the act is clear and it is apparentthat no valid excuse can be given for not performing it, a court may allow aperemptory mandamus. In all other cases an alternative writ must first beissued on the allowance of the court, or a judge thereof.
1-30-106. Docket entry of allowance of writ.
Theallowance of a peremptory writ ordering the defendant to do the act requiredimmediately upon service, or an alternative writ ordering that he do the act orshow cause before the court at a specified time and place why he does not dothe act, shall be entered upon the docket.
1-30-107. Issuance and service of writ.
Thewrit shall be issued by the clerk of the court in which the application is madeand shall contain a copy of the petition, verification and order of allowance.A copy shall be served upon the defendant personally, by the sheriff of theproper county or by a person specially authorized by the court or judge. Theofficer or person shall report his proceedings to the court, and if the serviceis made by a person not an officer, the return must be verified by hisaffidavit.
1-30-108. Defendant may answer.
Onthe return day of an alternative writ or such other day as the court may allow,the defendant may answer as in a civil action.
1-30-109. Judgment on default.
Ifno answer is made, a peremptory mandamus shall be allowed against thedefendant.
1-30-110. Effect and construction of pleadings.
Thepleadings shall have the same effect and be construed and amended as in civilactions.
1-30-111. Issues of fact; trial.
Issuesof fact made by the pleadings shall be tried and further proceedings hadthereon the same as in civil actions.
1-30-112. Judgment for plaintiff; damages.
Ifjudgment is for the relator, he may recover damages as ascertained by thecourt, a jury or by a referee or master as in a civil action, plus costs. Aperemptory mandamus shall also be granted to him without delay.
1-30-113. Recovery a bar to other actions.
Arecovery of damages against a defendant shall bar any other action upon thatcause of action.
1-30-114. Costs against relator.
Ifjudgment is given for the defendant, all costs shall be adjudged against therelator.
1-30-115. Penalty for failure to comply with mandamus.
Whena peremptory mandamus is directed to a public officer, body or board commandingthe performance of a public duty specially enjoined by law, and the court findsthat the officer or any member of a body or board has, without just excuse,refused or neglected to perform the duty enjoined, the court may impose a finenot exceeding five hundred dollars ($500.00) on the officer or member. Paymentof the fine shall bar an action for any penalty incurred by the officer ormember by reason of his refusal or neglect.
1-30-116. County treasurer to levy and assess tax upon mandamus.
Whena peremptory mandamus is issued against the commissioners of a county, thetrustees of a school district or the officers of a municipal corporation tolevy and assess a tax to pay interest upon a debt or to create a sinking fundfor the payment of a funded debt, and the officers have resigned, or refuse orneglect to levy and assess the tax, or their offices are vacant, upon motion ofan interested person, the court may issue a special order to the county treasurerof the proper county commanding him to levy and assess the taxes required bylaw and to place the same upon the tax list for collection by the countytreasurer.
1-30-117. County treasurer to levy and assess tax upon mandamus;duties and fees of treasurer.
Whena special order is issued to the county treasurer he is responsible for itsexecution in the same manner as if he were an officer of the court. He shallreceive such fees for his services in executing the order, if not otherwisefixed by the court, as are allowed by law for making tax duplicates. The feesand all other costs of the proceedings shall be added to the taxes levied inexecuting the order, and placed upon the duplicate for collection with thetaxes.
1-30-118. County treasurer to levy and assess tax upon mandamus;powers of court.
Theprovisions of W.S. 1-30-116 and 1-30-117 shall not be construed to limit thepower of the court to carry its order and judgment into execution or to punishany officer named therein for contempt or disobedience of its orders or writs.
Mandamusis a writ issued in the name of the state to an inferior tribunal, acorporation, board or person commanding the performance of an act which the lawspecially enjoins as a duty resulting from an office, trust or station.
1-30-102. By what courts issued; cannot control judicial discretion.
Thewrit can only be issued by the supreme court or the district court. It mayrequire an inferior tribunal to exercise its judgment or to proceed todischarge any of its functions but it cannot control judicial discretion.
1-30-103. Application for writ; notice to defendant.
Theapplication for a writ must be by petition, in the name of the state, on therelation of the party applying and verified by affidavit. The court may requirenotice of the application to be given to the defendant, may grant an order toshow cause why it should not be allowed, or may allow the writ without notice.
1-30-104. Writ not to be issued if adequate remedy at law; partybeneficially interested.
Thewrit must not be issued when there is an adequate remedy at law. It may issueon the information of the party beneficially interested.
1-30-105. Writ to be peremptory if right is clear; alternative writ toissue in other cases.
Whenthe right to require the performance of the act is clear and it is apparentthat no valid excuse can be given for not performing it, a court may allow aperemptory mandamus. In all other cases an alternative writ must first beissued on the allowance of the court, or a judge thereof.
1-30-106. Docket entry of allowance of writ.
Theallowance of a peremptory writ ordering the defendant to do the act requiredimmediately upon service, or an alternative writ ordering that he do the act orshow cause before the court at a specified time and place why he does not dothe act, shall be entered upon the docket.
1-30-107. Issuance and service of writ.
Thewrit shall be issued by the clerk of the court in which the application is madeand shall contain a copy of the petition, verification and order of allowance.A copy shall be served upon the defendant personally, by the sheriff of theproper county or by a person specially authorized by the court or judge. Theofficer or person shall report his proceedings to the court, and if the serviceis made by a person not an officer, the return must be verified by hisaffidavit.
1-30-108. Defendant may answer.
Onthe return day of an alternative writ or such other day as the court may allow,the defendant may answer as in a civil action.
1-30-109. Judgment on default.
Ifno answer is made, a peremptory mandamus shall be allowed against thedefendant.
1-30-110. Effect and construction of pleadings.
Thepleadings shall have the same effect and be construed and amended as in civilactions.
1-30-111. Issues of fact; trial.
Issuesof fact made by the pleadings shall be tried and further proceedings hadthereon the same as in civil actions.
1-30-112. Judgment for plaintiff; damages.
Ifjudgment is for the relator, he may recover damages as ascertained by thecourt, a jury or by a referee or master as in a civil action, plus costs. Aperemptory mandamus shall also be granted to him without delay.
1-30-113. Recovery a bar to other actions.
Arecovery of damages against a defendant shall bar any other action upon thatcause of action.
1-30-114. Costs against relator.
Ifjudgment is given for the defendant, all costs shall be adjudged against therelator.
1-30-115. Penalty for failure to comply with mandamus.
Whena peremptory mandamus is directed to a public officer, body or board commandingthe performance of a public duty specially enjoined by law, and the court findsthat the officer or any member of a body or board has, without just excuse,refused or neglected to perform the duty enjoined, the court may impose a finenot exceeding five hundred dollars ($500.00) on the officer or member. Paymentof the fine shall bar an action for any penalty incurred by the officer ormember by reason of his refusal or neglect.
1-30-116. County treasurer to levy and assess tax upon mandamus.
Whena peremptory mandamus is issued against the commissioners of a county, thetrustees of a school district or the officers of a municipal corporation tolevy and assess a tax to pay interest upon a debt or to create a sinking fundfor the payment of a funded debt, and the officers have resigned, or refuse orneglect to levy and assess the tax, or their offices are vacant, upon motion ofan interested person, the court may issue a special order to the county treasurerof the proper county commanding him to levy and assess the taxes required bylaw and to place the same upon the tax list for collection by the countytreasurer.
1-30-117. County treasurer to levy and assess tax upon mandamus;duties and fees of treasurer.
Whena special order is issued to the county treasurer he is responsible for itsexecution in the same manner as if he were an officer of the court. He shallreceive such fees for his services in executing the order, if not otherwisefixed by the court, as are allowed by law for making tax duplicates. The feesand all other costs of the proceedings shall be added to the taxes levied inexecuting the order, and placed upon the duplicate for collection with thetaxes.
1-30-118. County treasurer to levy and assess tax upon mandamus;powers of court.
Theprovisions of W.S. 1-30-116 and 1-30-117 shall not be construed to limit thepower of the court to carry its order and judgment into execution or to punishany officer named therein for contempt or disobedience of its orders or writs.
