In re Delgado
140 U.S. 586 (1891)

Annotate this Case

U.S. Supreme Court

In re Delgado, 140 U.S. 586 (1891)

In re Delgado

No. 1648

Argued April 22, 1891

Decided May 25, 1891

140 U.S. 586

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

A statute providing that "for the purpose of hearing application for and issuing writs of mandamus," the court "shall be regarded as open at all times" authorizes a hearing on the return of the alternative writ, and the issue of a peremptory writ in vacation.

A statute limiting the fine to be imposed for violation of a peremptory writ of mandamus and providing that when paid, it shall be a bar to an action for any penalty incurred by reason of refusal or neglect to perform the duty, does not deprive the court of power to punish for disobedience of the writ or to compel obedience by imprisonment.

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