The action of mandamus is one brought to obtain an order commanding an inferior tribunal,
board, corporation, or person to do or not to do an act, the performance or omission of which
the law enjoins as a duty resulting from an office, trust, or station.
[R60, §3761; C73, §3373; C97, §4341; S13, §4341; C24, 27, 31, 35, 39, §12440; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §661.1]
\n
Notes of Decisions
Koenigs v. Mitchell Cnty. Bd. of Supervisors, 659 N.W.2d 589 (Iowa 2003).
· cites it 4× “See Iowa Code § 661.1 (action in mandamus is one brought to command the performance of an act, the performance or omission of which the law enjoins as a duty); Hicks v.”
Hicks v. Franklin Cnty. Auditor, 514 N.W.2d 431 (Iowa 1994).
· cites it 3× “2d 639, 644 (Iowa 1974); Iowa Code § 661.1 . Where the duty is discretionary, however, “mandamus will lie only if it is shown defendant acted arbitrarily or capriciously in denying the request.”
McBride v. City of Sioux City, 444 N.W.2d 85 (Iowa 1989).
· cites it 2× “2d 69, 71-72 (1946); Iowa Code § 661.1 (mandamus proper action to compel inferior tribunal, board, or corporation to perform a duty).”
Dwyer v. Clerk of Dist. Court for Scott Cnty., 404 N.W.2d 167 (Iowa 1987).
· cites it 4× “Mandamus is a special action under Iowa Code chapter 661 "brought to obtain an order commanding an inferior tribunal, board, corporation, or person to do .”
State Ex Rel. Clark v. Johnson, 904 P.2d 11 (N.M. 1995).
“2d 348 (1947) (same); Iowa Code § 661.1 (1995) (defining mandamus as either mandatory or prohibitory).”
Graham v. Baker, 447 N.W.2d 397 (Iowa 1989).
· cites it 2× “Generally, mandamus may issue to compel a person, board, corporation, officer, or inferior court to perform a duty that arises by operation of law. 55 C.J.S. Mandamus § 1 (1948).”
Reed v. Gaylord, 216 N.W.2d 327 (Iowa 1974).
· cites it 2× “Section 661.1, The Code, defines mandamus: “The action of mandamus is one brought to obtain an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from an office,…”
Virginia Manor, Inc. v. City of Sioux City, 261 N.W.2d 510 (Iowa 1978).
“The remedy VMI selected was a logical choice under the statutory definition of mandamus contained in § 661.1, The Code: “The action of mandamus is one brought to obtain an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the…”
Stafford v. Valley Cmty. Sch. Dist., 298 N.W.2d 307 (Iowa 1980).
“A mandamus action is a special proceeding authorized by chapter 661, The Code. It is an action “to obtain an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.