[When peremptory or alternative writs issued.]

When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance; in all other cases the alternative writ shall be first issued. History: Laws 1884, ch. 1, § 41; C.L. 1884, § 1996; C.L. 1897, § 2764; Code 1915, § 3416; C.S. 1929, § 86-106; 1941 Comp., § 26-107; 1953 Comp., § 22-12-7.