Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...any of the cases before mentioned must apply by petition addressed to the judges of the supreme court, or if in vacation to any single justice thereof, or to a circuit judge, stating the nature of his right or of the injury he sustains, or of the denial of justice which he experiences, which petition shall be sworn to by the party or by some person on his behalf cognizant of the facts. 1609. The court or judge, if sufficient ground is shown, shall issue an order addressed to the party against whom the complaint is made, by which he shall be directed to do what has been demanded of him or show cause to the contrary, within a certain time after the service of the order, to be fixed by the court or judge. 1610. If on the day assigned for answering the order the pa, rty to whom it is directed answers and shows sufficient reasons to justify his conduct, the complaint shall be dismissed and the petitioner shall pay the costs occasioned by the application. 1611. But if the party shall fail to appear and show cause, or if the cause shown shall be deemed insufficent, then a peremptory mandate shall issue to do the thing absolutely and to pay the cost of the proceedings, to which no other return shall be admitted but a certificate of perfect obedience and due execution of the writ. If the party does not obey, an order of arrest may issue, upon due proof of the service of the writ, under which the party shall be imprisoned until he has rendered obedience to the mandate. 1612. When the mandate directing the performance of a specified act shall have issued against a corporation, the notice may be served upon the presiding officer, secretary, clerk, or treasurer of such corporation, and if the corporation or the body of the...