Goodwin v. Glazer
Before: Terry
Synopsis
A mandamus will not lie against the clerk of the District Court, to compel him to issue execution on a money judgment, rendered in the Court of which he is clerk.
For all damages resulting from such refusal, the plaintiff has, in ordinary course of law, a plain and adequate remedy by an action on the bond of the officer, and it is well settled that the writ will not issue in such cases.
Terry, C. J., delivered the opinion of the Court Field, J., and Baldwin, J., concurring.
The mandamus in this case was improperly granted. Plaintiff had recovered a moneyed judgment, upon which the clerk of [334]the Court refused to issue execution. For all damages resulting from this refusal, the plaintiff has, in ordinary course of law, a plain and adequate remedy, by an action on the bond of the officer, and it is well settled that the writ will not issue in such cases.
Judgment reversed.
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