§ 1451.By and to Whom Writ Issued - Function
Chapter 26: Mandamus · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1451
Amendment History
R.L. 1910, § 4907.
Plain-English Summary
A writ of mandamus is a court order compelling a public official, board, corporation, or lower tribunal to perform a duty the law specifically requires of them. Section 1451 lets the Supreme Court or a district court, or any justice or judge of either, issue that writ during term or at chambers.
The writ can reach an inferior tribunal too, ordering it to exercise its judgment or proceed with its functions. But it has a limit: mandamus can't control judicial discretion. A court can be ordered to act, not told how to decide.
Frequently Asked Questions
What is a writ of mandamus?
It's an order from the Supreme Court or a district court compelling an official, board, corporation, or lower tribunal to perform a duty the law specially enjoins on them.
Can mandamus force a judge to rule a certain way?
No - the statute says mandamus cannot control judicial discretion, even though it can require a tribunal to exercise its judgment or proceed with its functions.
Which courts can issue a writ of mandamus?
The Supreme Court or the district court, or any justice or judge of either, during term or at chambers.
Can mandamus be directed at a private corporation?
Yes - the text lists "any inferior tribunal, corporation, board or person" as possible targets.