Marbury v. Madison · ¶94

“ Whenever,” says that very able judge, “there is a “right to execute an office, perform a service, or exercise “ a franchise (more especially if it be in a matter of pub-“lic concern, or attended with profit) and a person is “kept out of possession, or dispossessed of such right, and "has no other specific legal remedy, this court ought "to assist by mandamus, upon reasons of justice, as the “writ expresses, and upon reasons of public policy, to "preserve peace, order and good government.” In the same case he says, “this writ ought to be used upon all “occasions where the law has established no specific “remedy, and where in justice and good government “there ought to be one.”

U. S. Reports, bound volume
U. S. Reports, volume 5, at 137 (Library of Congress) · transcription: Caselaw Access Project
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