McCARTY v. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, HARRISON DIVISION.

No. 317.

19 F.2d 462 (1927)

McCARTY v. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, HARRISON DIVISION.

Circuit Court of Appeals, Eighth Circuit.

May 10, 1927.


PER CURIAM.

The object of the writ of mandamus is to enforce the performance of an existing duty, not to create a new one. The obligation must be both peremptory and plainly defined. The law must not only authorize the act, but it must require it to be done. Frankel v. Woodrough, 7 F.2d 796 (C. C. A. 8).

In reference to the issuance of a writ of mandamus by an appellate court, it was said in the Frankel Case:

"Where...

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