 | New York (State). Legislature. Senate - 1917 - 732 Seiten
...purposes of the claimant, based upon some slight official business as an excuse for the junket. It calls for the exercise of judgment and discretion on the part of the Comptroller as to the necessity for the incurring of the expense as well as a fair allowance for all... | |
 | 1920 - 1092 Seiten
...nature, and so clear and specific that no element of discretion is left in their performance ; but, as to all acts or duties necessarily calling for the exercise of judgment and discretion on the part of _ the officer or body at whose hands their pcr' formance is required, mandamus will not lie." Referring... | |
 | 1925 - 736 Seiten
...that the writ will not be issued to compel the performance of acts or duties, which necessarily call for the exercise of judgment and discretion on the...body at whose hands their performance is required. But if a discretionary power is exercised with manifest injustice, the courts are not precluded from... | |
 | James Hart - 1925 - 354 Seiten
...that the writ will not be issued to compel the performance of acts or duties, which necessarily call for the exercise of judgment and discretion on the part of the officer or body at whose i hands their performance is required. ' But if a discretionary power is exercised with manifest injus-... | |
 | New York (State). Legislature - 1927 - 982 Seiten
...in plain terms authorized so to do by the Legislature." And it was held that if a statute "requires the exercise of judgment and discretion on the part of the officer, his powers, in their nature, are judicial and cannot be delegated." The same question arose in the... | |
 | New York (State). Attorney General's Office - 1917 - 580 Seiten
...purposes of the claimant, 'based upon some slight official business as an excuse for the junket. It calls for the exercise of judgment and discretion on the part of the Comptroller as to the necessity for the incurring of the expense as well as a fair allowance for all... | |
 | New York (State). Attorney General's Office - 1927 - 296 Seiten
...in plain terms authorized so to do by the Legislature." And it was held that if a statute "requires the exercise of judgment and discretion on the part of the officer, his powers, in their nature, are judicial and cannot be delegated." The same question arose in the... | |
 | 1911 - 1384 Seiten
...discretion is left in their performance, but as to acts and duties necessarily culling for the exerd.se 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... | |
 | 1922 - 584 Seiten
...mandamus will not lie as to all acts or duties uecessarily calling for the exercise of judgment or discretion on the part of the officer or body at whose hands, their performance is required''. (Laberge v. La Cité de Montréal, 9, R. de J., 31). " Mandamus is not strictly demanded as a right,... | |
 | 1921 - 582 Seiten
...not only an inchoate one." (High Lyal Remedies, 3 .Edit. pp. 15, 16). " A mandamus will not lie 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, their performance is required." (Laiberge... | |
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... as to all acts or duties necessarily calling for the exercise of judgment and discretion on the part of the officer or body at whose hands their performance is required, mandamus will not lie. 
