...2070. While many of the facts in the petition were denied enough were left undenied to present a case for the exercise of judgment and discretion on the part of the Supreme Court, provided it has power in any case not expressly covered by statute, to authorize the...

...or duties depending upon a Jurisdiction to decide questions of law or to ascertain matters of fact, on the part of the officer or body at whose hands...their performance is required, mandamus will not lie. As a corollary to this latter clause, it may be added that, as the writ will not issue to dictate in...

...so clear and specific that no element of discretion Is left In their performance, but as to acts and duties necessarily calling for the exercise of judgment...and discretion on the part of the officer or body or person at whose hands performance is required, mandamus does not He." And again, in section 1389...

...not enough, how it shall be apportioned among the parties entitled to it. These are important duties, calling for the exercise of judgment and discretion on the part of the officer, and in which the general creditors of the government, to the payment of whose demands the particular...

...states of this country. "As to all acts or duties necessarily calling for the exercise of judgment or discretion on the part of the officer or body at whose hands the performance is required, mandamus will not lie." High on Extr. Rem. § 24; State ex rel. Exchange...

...lie. This doctrine has been recognized and seems to prevail in all the states of this country. "As to all acts or duties necessarily calling for the exercise of judgment or discretion on the part of the officer or body at whose hands the performance is required, mandamus...

...justice there should be an end to litigation. Mandamus does not lie to compel the performance of a duty calling for the exercise of judgment and discretion on the part of the person at whose hands the performance is required. Spelling, Inj. & Extra. Rem. § ]384. As said by...

...mandamus will not lie to compel the performance of acts or duties which call for the exercise of judgment on the part of the officer or body at whose hands their performance is required, yet if a discretionary power is exercised with manifest injustice, or if such discretion is grossly...

...classification of hardpan as distinguished from earth in each excavation under the contract requires the exercise of judgment and discretion on the part of the officer charged with the inspection. IV. The construction of the canal was commenced under Maj. HC Newcomer,...

...refuse to sign a license regularly granted by the council. 2. The issuance of a license is a matter calling for the exercise of judgment and discretion on the part of the council. Their discretion cannot be controlled or reviewed, nor can the mayor or the court dictate...