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" It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. "
Reports of Cases Principally on Practice and Pleading, Determined in the ... - Page 570
by Great Britain. Court of King's Bench - 1820
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Journal of the Senate of Virginia

Virginia. General Assembly. Senate - Virginia - 1877 - 1208 pages
...justice and defect of olicc. therefore it ought to be used upon all occasions where the law has estab>hed no specific remedy, and where, in justice and good government, there ought 0 be one — per Lord Manstield, Kex vs. Barker, Burrows Kep., p. 12G7. " He also said in this case,...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania ..., Volume 2

Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1810 - 642 pages
...it; and that is a sufficient ground for the mandamus. In The King v. Barker (aj lord Mansfield said it ought to be used on all occasions where the law...justice and good government there ought to be one. It certainly has been often used by this court, in cases like this; as to compel county treasurers...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 1

United States. Supreme Court, William Cranch - Court rules - 1812 - 486 pages
...preserve peace, order and good government." In the same case he says, " this writ ought to be u.-.rd upon all occasions where the law has established no specific...justice and good government there ought to be one." In addition to the authorities now particularly cited, many others were relied on at the bar, which...
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Volume 3

Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 648 pages
...failure of [3 Black, justic,-, and defect of police. Therefore it ought to be Com. 1Ю-] used upon all occasions where the law has established no specific...justice and good government there ought to be one. Within the last century, it has been liberally interposed for the benefit of the subject and advancement...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania by ..., Volume 5

Pennsylvania. Supreme Court, Horace Binney - Law reports, digests, etc - 1813 - 678 pages
...means of compelling its performance. 3 Bl. Comm. 1 10. It ought to be used, says lord Mansfield, upon all occasions where the law has established no specific remedy, and where injustice and good government there ought to be one. Rex \. Barker (a). It has been of late liberally...
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A Digest of the Laws of England, Volume 4

Sir John Comyns - Digests, etc - 1822 - 652 pages
...writ, introduced to prevent disorder from a failure of justice and defect of police; and therefore ought to be used on all occasions where the law has...justice and good government there ought to be one. 3 BM 1265- Vide 1 Bl. 352. 552. Cowp. 378.] [It is granted to prevent failure of justice, and for the...
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Virginia Cases; Or, Decisions of the General Court of Virginia ..., Volume 2

Virginia. General Court, William Brockenbrough - Courts - 1826 - 722 pages
...prevent disorder from a failure of justice, and defect of police. Therefore, it ought to be used upon all occasions where the law has established no specific remedy, and where injustice and good government there ought to be one. " And again in the same case, " if there be a...
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The Law-dictionary, Explaining the Rise, Progress, and Present State of the ...

Thomas Edlyne Tomlins - Law - 1835 - 862 pages
...Writ, introduced to prevent disorder from a failure of justice and defect of police ; and, therefore, or the purposes of this act, an administrator claiming...person of whose chattels he shall be appointed adminis 3 Burr. 1265. See 1 Black. Rep. 552 ,- Cowp. 378. This writ is granted to prevent failure of justice,...
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A Practical Treatise of the Law of Mortmain, and Charitable Uses and Trusts ...

Leonard Shelford - Charitable uses, trusts, and foundations - 1836 - 1090 pages
...the protection of the law where no other remedy than mandamus could be applied, which is to be used where the law has established no specific remedy,...justice and good government, there ought to be one (c). So a mandamus lies to justices of the peace to admit a dissenting minister to take the oath of...
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Select Extracts from Blackstone's Commentaries ... With a glossary ...

Sir William BLACKSTONE - 1837 - 468 pages
...King's Bench has previously determined, or at least suppose! to be consonant to right and justice. It ought to be used on all occasions, where the law...established no specific remedy, and where in justice there ought to be one. It takes its name from the operative word with which it commences. Quo WARRANTO...
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