Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

The order commanding the performance of the duty shall be directed to the party and shall be returnable forthwith. No return except that of compliance shall be allowed; however, the court may upon sufficient grounds allow reasonable time for making the return. [R60, §3769; C73, §…

The court may, upon application of the plaintiff, besides or instead of proceeding against the defendant by attachment, direct that the act required to be done may be done by the plaintiff or some other person appointed by the court, at the expense of the defendant, and, upon the…

During the pendency of the action, the court may make temporary orders for preventing damage or injury to the plaintiff until the action is decided. [R60, §3771; C73, §3384; C97, §4352; C24, 27, 31, 35, 39, § 12454; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.16 ]

When the state is a party, it may appeal without security. [R60, §3772; C73, §3385; C97, §4353; C24, 27, 31, 35, 39, § 12455; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.17 ]

Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. [C51, §2180; R60, §3763; C73, §3373; C97, §4341; S13, §4341; C24, 27, 31, 35, 39, § 12441; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §66…

All such actions shall be tried as equitable actions. [S13, §4341; C24, 27, 31, 35, 39, § 12442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §661.3 ]

The order may be issued by the district court to any inferior tribunal, or to any corporation, officer, or person; and by the supreme court or the court of appeals to any inferior court, if necessary, and in any other case where it is found necessary for either of those courts to…

The plaintiff in any action, except those brought for the recovery of specific real or personal property, may also, as an auxiliary relief, have an order of mandamus to compel the performance of a duty established in such action. [R60, §3767; C73, §3375; C97, §4343; C24, 27, 31, …

If such duty, the performance of which is sought to be compelled, is not one resulting from an office, trust, or station, it must be one for the breach of which a legal right to damages is already complete at the commencement of the action, and must also be a duty of which a cour…

An order of mandamus shall not be issued in any case where there is a plain, speedy and adequate remedy in the ordinary course of the law, save as herein provided. [C51, §2182; R60, §3765; C73, §3376; C97, §4344; C24, 27, 31, 35, 39, § 12446; C46, 50, 54, 58, 62, 66, 71, 73, 75, …

The order of mandamus is granted on the petition of any private party aggrieved, without the concurrence of the prosecutor for the state, or on the petition of the state by the county attorney, when the public interest is concerned, and is in the name of such private party or of …

The plaintiff in such action shall state the plaintiff’s claim, and shall also state facts sufficient to constitute a cause for such claim, and shall also set forth that the plaintiff, if a private individual, is personally interested therein, and that the plaintiff sustains and …