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LACLEDE GAS LIGHT COMPANY v. MURPHY

No. 47.

170 U.S. 78 (1898)

MISSOURI, ex rel. LACLEDE GAS LIGHT COMPANY v. MURPHY.

Supreme Court of United States.

Decided April 11, 1898.

Attorney(s) appearing for the Case

Mr. Henry Hitchcock for plaintiff in error.

Mr. W.C. Marshall for defendants in error.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

Mandamus lies to compel a party to do that which it is his duty to do, but can confer no new authority, and the party to be coerced must have the power to perform the act. Brownsville v. Loague, 129 U.S. 493, 501.

On the facts disclosed by the record, was it the duty of the street commissioner...

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