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" This writ may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law. "
The Pacific Reporter - Page 145
1892
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The Statutes of the Territory of Kansas

Kansas - 1858 - 482 pages
...cannot control judicial discretion. SEC. 569. That this writ may not be issued in any case where no there is a plain and adequate remedy in the ordinary...information of the party beneficially interested. SEC. 570. That the writ is either alternative or peremptory, writ, The alternative writ must state...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 pages
...discretion. In what cases not to issue. Writ, aiterun§ 587. This writ may not be issued in any cane, where there is a plain and adequate remedy in the...law. It may issue on the information of the party benefically interested. § 588. The writ is either alternative or peremptory. The tijo or peremp. alternative...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 pages
...cannot control judicial discretion. wt,eni» m«y not SEC. 581. This writ may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law. ?»rm»t'on °n '"" It may issue on the information of the party beneficially interested. SEO. 582....
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Session Laws

North Dakota - 1862 - 640 pages
...•* . when there Is where there is a plain and adequate remedy in the ordinary other remedycourse of the law. It may issue on the information of the party beneficially interested. SECT. 584. The writ is either alternative or peremptory. The alternative writ must state concisely...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 pages
...functions, it cannot control judicial discretion. t» SEC. 652. This writ may not be issued in any case where there is a plain and adequate remedy in...information of the party beneficially interested. .\it<rn»ti« SEC. 653. The writ is either alternative or peremtory. The alternative writ must state...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 64

Ohio. Supreme Court - 1901 - 704 pages
...resulting from an office." 2d. Section 6744, Revised Statutes, provides that "the writ must not be issued in a case where there is a plain and adequate remedy in the ordinary course of the law," and 3rd. That "It may issue on the information of the party beneficially interested." 1. The duty sought...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 81

Ohio. Supreme Court - 1910 - 748 pages
...one of the extraordinary remedies, and in the language of Section 6744, the writ must not be issued where there is a plain and adequate remedy in the ordinary course. We have observed that if the judgment rendered is final, and is not within the exception made in Section...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 pages
...Lynch, 8 Ohio State, 348. SEC. 570. IN WHAT CASES NOT TO ISSUE. This writ may not be issued in any case, where there is a plain and adequate remedy in...information of the party beneficially interested. ACTIONS, ETC., IN PARTICULAR CASES. 1. This writ lies in all cases where the relator has a clear legal...
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General Laws, Memorials and Resolutions of the Territory of Wyoming

Wyoming - 1874 - 302 pages
...cannot control judicial discretion. SEC. 608. This writ may not be issued in any case where when issued. there is a plain and adequate remedy in the ordinary...information of the party beneficially interested. SEC. 609. The writ is either alternative or peremptory, what tin- writ , „ . . -. . must contain....
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The Central Law Journal, Volume 46

1898 - 562 pages
...him to membership, because (1) such restoration Is not an act specially enjoined by law; (2) he has a plain and adequate remedy In the ordinary course of the law.— FBATERNAL Mrsxic CIBCLB T. STATE, Ohio, 48 NB Rep. 940. 31. CORPORATION— Foreign Corporations—...
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