| John Forrest Dillon - 1873 - 546 páginas
...stating the principle of the decision, says: ''The rule is well settled, that where the lawrequires absolutely, a ministerial act to be done by a public...and he neglects or refuses to do such act, he may ho compelled to respond in damages to the extent of the injury arising from his conduct; mistake of... | |
| John Forrest Dillon - 1873 - 478 páginas
...of any special legislative enactment.1 § 691. On the ground that where the law absolutely requires a ministerial act to be done by a public officer, and he neglects or refuses to do it without sufficient legal excuse, he is liable in a private action to the person injured by his misconduct,... | |
| William Wait - 1878 - 1004 páginas
...beyond their jurisdiction. Id.; Wtikesv. Dinsman, 7 How. (US) 89; Waldron \. Berry, 51 NH 137. And where the law requires absolutely a ministerial act...damages* to the extent of the injury arising from his conduct, and mistake of duty, and honest intentions will not excuse the offender. Amy v. Supervisors,... | |
| Charles Theodore Boone - 1881 - 626 páginas
...of their authority,2 in the absence of fraud, or malice, or a statute imposing the liability.' But where the law requires absolutely a ministerial act...a public officer, and he neglects or refuses to do euch act, he may be compelled to respond iu damages to the extent of the injury arising from his conduct.4... | |
| United States. Supreme Court - 1884 - 966 páginas
...Jurisdiction, for the satisfaction of it« judgments and decrees. Where the law absolutely requires a ministerial act to be done by a public officer and he neglects or refuses to do auch act, he may be compelled to respond in damages to the extent of the injury arising from his conduct.... | |
| 1885 - 916 páginas
...affected by the repeal. The statute was only cumulative on the subject. The rule is well settled, that where the law requires absolutely a ministerial act...officer, and he neglects or refuses to do such act, ho may be compelled to respond in damages to the extent of the injury arising from his conduct. There... | |
| 1913 - 1336 páginas
...contention. There It Is said, at page 138 of 11 Wall. (20 L. Ed. 101), that the rule is well settled that where the law requires absolutely a ministerial act...in damages to the extent of the injury arising from his conduct That is far from holding that one may have both remedies. We are also referred to Grider... | |
| Emlin McClain - 1887 - 1102 páginas
...personally liable: Porter v. Tliomson, 22-391. 107. Where the law requires absolutely a minist rial act to be done by a public officer, and he neglects...in damages to the extent of the injury arising from his conduct. A mistake as to his duty or honest intention will not excuso him : Amy v. Supervisors,... | |
| 1888 - 972 páginas
...11 Wall. 136. "The rule is well settled," says Mr. Justice SWAYNE, in Amy v. Supervisors, "that when the law requires, absolutely, a ministerial act to be done by a public otlicer, and he neglects or refuses to do such act, he may be compelled to respond in damages to the... | |
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