When and by What Court Issued

It may be issued by any court, [except a commissioner's court or police court,] to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person. SOURCE: CCP § 1085. NOTE: Neither a Commissioner’s Court nor a Police Court exist, both having been absorbed into the Superior court before 1970. Commissioners (now Mayors) no longer have any judicial functions.