Title 1 — Title 1 — Code Of Civil Procedure
43 chapters · 1,036 sections in this title.
W.S. § 1-30-101 "Mandamus" defined
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"Mandamus" defined. Mandamus is a writ issued in the name of the state to an inferior tribunal, a corporation, board or person commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station.
W.S. § 1-30-102 discretion
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discretion. By what courts issued; cannot control judicial The writ can only be issued by the supreme court or the district court. It may require an inferior tribunal to exercise its judgment or to proceed to discharge any of its functions but it cannot control judicial discretio…
W.S. § 1-30-103 Application for writ; notice to defendant
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Application for writ; notice to defendant. The application for a writ must be by petition, in the name of the state, on the relation of the party applying and verified by affidavit. The court may require notice of the application to be given to the defendant, may grant an order t…
W.S. § 1-30-104 Writ not to be issued if adequate remedy at law; party beneficially interested
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Writ not to be issued if adequate remedy at law; party beneficially interested. The writ must not be issued when there is an adequate remedy at law. It may issue on the information of the party beneficially interested.
W.S. § 1-30-105 Writ to be peremptory if right is clear; alternative writ to issue in other cases
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Writ to be peremptory if right is clear; alternative writ to issue in other cases. 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 court may allow a peremptory mandamus. In all other cases…
W.S. § 1-30-106 Docket entry of allowance of writ
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Docket entry of allowance of writ. The allowance of a peremptory writ ordering the defendant to do the act required immediately upon service, or an alternative writ ordering that he do the act or show cause before the court at a specified time and place why he does not do the act…
W.S. § 1-30-107 Issuance and service of writ
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Issuance and service of writ. The writ shall be issued by the clerk of the court in which the application is made and shall contain a copy of the petition, verification and order of allowance. A copy shall be served upon the defendant personally, by the sheriff of the proper coun…
W.S. § 1-30-108 Defendant may answer
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Defendant may answer. On the return day of an alternative writ or such other day as the court may allow, the defendant may answer as in a civil action.
W.S. § 1-30-109 Judgment on default
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Judgment on default. If no answer is made, a peremptory mandamus shall be allowed against the defendant.
W.S. § 1-30-110 Effect and construction of pleadings
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Effect and construction of pleadings. The pleadings shall have the same effect and be construed and amended as in civil actions.
W.S. § 1-30-111 Issues of fact; trial
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Issues of fact; trial. Issues of fact made by the pleadings shall be tried and further proceedings had thereon the same as in civil actions.
W.S. § 1-30-112 Judgment for plaintiff; damages
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Judgment for plaintiff; damages. If judgment is for the relator, he may recover damages as ascertained by the court, a jury or by a referee or master as in a civil action, plus costs. A peremptory mandamus shall also be granted to him without delay.
W.S. § 1-30-113 Recovery a bar to other actions
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Recovery a bar to other actions. A recovery of damages against a defendant shall bar any other action upon that cause of action.
W.S. § 1-30-114 Costs against relator
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Costs against relator. If judgment is given for the defendant, all costs shall be adjudged against the relator.
W.S. § 1-30-115 Penalty for failure to comply with mandamus
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Penalty for failure to comply with mandamus. When a peremptory mandamus is directed to a public officer, body or board commanding the performance of a public duty specially enjoined by law, and the court finds that the officer or any member of a body or board has, without just ex…
W.S. § 1-30-116 mandamus
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mandamus. County treasurer to levy and assess tax upon When a peremptory mandamus is issued against the commissioners of a county, the trustees of a school district or the officers of a municipal corporation to levy and assess a tax to pay interest upon a debt or to create a sink…
W.S. § 1-30-117 County treasurer to levy and assess tax upon mandamus; duties and fees of treasurer
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County treasurer to levy and assess tax upon mandamus; duties and fees of treasurer. When a special order is issued to the county treasurer he is responsible for its execution in the same manner as if he were an officer of the court. He shall receive such fees for his services in…
W.S. § 1-30-118 County treasurer to levy and assess tax upon mandamus; powers of court
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County treasurer to levy and assess tax upon mandamus; powers of court. The provisions of W.S. 1-30-116 and 1-30-117 shall not be construed to limit the power of the court to carry its order and judgment into execution or to punish any officer named therein for contempt or disobe…