alternative writ of mandamus


alternative writ of mandamus
A writ, issued by the court in the beginning of a mandamus proceeding under older practice, which corresponds to a common-law declaration or to a complaint or petition in an ordinary action and usually deemed to be the first pleading in the cause. In it all the material facts on which the relator relies must be distinctly set forth, so that they may be admitted or traversed, and by the writ the defendant is called on to perform the particular act sought to be enforced, or, by a return, to deny the facts alleged therein, or to state other matters sufficient to defeat the relator's application. 35 Am J1st Mand § 348. The more modern practice makes use of an order to show cause, permitting this to be in the alternative of performing the act sought to be commanded or showing cause why it should not be commanded. 35 Am J1st Mand § 347.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • alternative writ of mandamus — A court order that requires a governmental agency, court, or officials to obey to take a certain action, or show cause at a hearing why it should not have to obey. Compare: peremptory writ of mandamus (or mandate) Category: Small Claims Court &… …   Law dictionary

  • writ of mandamus — The process or writ which issues in a proceeding in mandamus where the plaintiff or petitioner is granted relief by way of mandamus. 35 Am J1st Mand § 380. See alternative writ of mandamus; peremptory writ of mandamus …   Ballentine's law dictionary

  • alternative writ — See alternative writ of mandamus; praecipe …   Ballentine's law dictionary

  • alternative writ of mandate — A court order that requires a governmental agency, court, or officials to obey to take a certain action, or show cause at a hearing why it should not have to obey. Compare: peremptory writ of mandate (or mandamus) Category: Small Claims Court &… …   Law dictionary

  • alternative writ — A common law writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. Under the common law practice, the first mandamus is an alternative writ; but in modern …   Black's law dictionary

  • alternative writ — A common law writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. Under the common law practice, the first mandamus is an alternative writ; but in modern …   Black's law dictionary

  • peremptory writ of mandamus — A court order to any governmental body, government official, or a lower court requiring that the body, official, or court perform an act the court finds is an official duty required by law. Compare: alternative writ of mandate (mandamus) Category …   Law dictionary

  • peremptory writ of mandamus — A writ of mandamus requiring the party to do the thing absolutely, as distinguished from an alternative writ which requires him to do the thing, or show cause why he should not in his answer. 35 Am J1st Mand § 380 …   Ballentine's law dictionary

  • writ — / rit/ n [Old English, something written] 1: a letter that was issued in the name of the English monarch from Anglo Saxon times to declare his grants, wishes, and commands 2: an order or mandatory process in writing issued in the name of the… …   Law dictionary

  • Mandamus — For other uses, see Mandamus (disambiguation). Prerogative writs …   Wikipedia


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