In 1673 a decree of the parlement against Cartesian and other unlicensed theories was on the point of being issued, and was only checked in[time by the appearance of a burlesque mandamus against the intruder Reason, composed by Boileau and some of his brother-poets.
This recourse in England sometimes took the form of the appeal to the king given by the Constitutions of Clarendon, just mentioned, and later by the acts of Henry VIII.; sometimes that of suing for writs of prohibition or mandamus, which were granted by the king's judges, either to restrain excess of jurisdiction, or to compel the spiritual judge to exercise jurisdiction in cases where it seemed to the temporal court that he was failing in his duty.
Drew (1827-1900), the Democratic candidate for governor, then secured a mandamus from the circuit court restraining the board from going behind the face of the election returns; this was not obeyed and a similar mandamus was therefore obtained from the supreme court of Florida, which declared that the board had no right to determine the legality of a particular vote.
English law has largely moulded, for example, criminal and commercial law and the law of evidence; the development of the law of corporations, damages, prohibitions and such extraordinary remedies as the mandamus has been very similar to that in other states; while in the fusion of law and equity, and the law of successions, family relations, &c., the civil law of Spain and France has been unaffected.
The supreme court has original jurisdiction in habeas corpus, quo warranto and mandamus proceedings against all state officers; and it has appellate jurisdiction except in civil actions for the recovery of money or personal property, in which the original amount in controversy does not exceed $200, and which at the same time do not involve the legality of a tax, impost, assessment, toll or municipal fine, or the validity of a statute.
The court has appellate jurisdiction only, except for the power to issue writs of mandamus, quo warranto, certiorari, injunction and other original and remedial writs.
Ultimately the bishop of Quebec, unable to get a mandamus from the English privy council to dig him up, solemnly deconsecrated the ground down to the estimated depth of the lid of the wife's coffin.
The court has original jurisdiction in quo warranto and mandamus proceedings against state officers and in habeas corpus cases, general appellate jurisdiction, and a superintending control over the inferior courts.
It is one of the extraordinary remedies - such as mandamus, certiorari and prohibitions, which the superior courts may grant.
Upon receiving the mandamus Dr Pechell, the master of Magdalene College, who was vicechancellor, sent a messenger to the duke of Albemarle, the chancellor, to request him to get the mandamus recalled; and the registrary and the bedells waited upon Francis to offer him instant admission to the degree if only he would take the necessary oaths.
The judicial power of the state is vested: in a supreme court' of seven members (salary $6000 a year; elected for a term of ten years; the senior justice is chief justice) with appellate jurisdiction throughout the state, general superintendence over all inferior courts, power to issue, hear and determine writs of habeas corpus, mandamus, injunction, quo warranto, certiorari and other original and remedial writs; nineteen (only five under the constitution of 1848) circuit courts, of one judge each except in the second circuit (including Milwaukee) in which there are four judges, elected (at a spring election, and not at the general state election) by the voters of the circuit district; probate judges, one elected (for two years) in each county, except where the legislature confers probate powers on inferior courts; and in towns, cities and villages, justices of the peace, elected for two years.