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BOARD OF MANAGERS v. CITY OF WILMINGTON

No. 597.

70 S.E.2d 833 (1952)

235 N.C. 597

BOARD OF MANAGERS OF JAMES WALKER MEMORIAL HOSPITAL OF CITY OF WILMINGTON v. CITY OF WILMINGTON et al.

Supreme Court of North Carolina.

May 21, 1952.

Attorney(s) appearing for the Case

Wm. B. Campbell, Wilmington for defendant-appellant.

Isaac C. Wright, Wilmington, for plaintiff-appellee.

DENNY, Justice.

Mandamus is a writ issuing from a court of competent jurisdiction commanding an inferior tribunal, board, corporation, or person to perform a purely ministerial duty imposed by law. The party seeking such writ must have a clear legal right to demand it, and the tribunal, board, corporation, or person must be under a present, clear, legal duty to perform the act sought to be enforced. Hamlet Hospital and Training...

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