Writ of mandamus

“ An alternate writ of mandamus was issued, reciting the allegations of the petition, to which the defendants filed an amended answer, in which they set up that each and all of the judgments set out in the alternate writ of mandamus have become dormant because no execution was issued on any of said judgments, and no proceeding begun for the revival of any of them, and the same were barred by the statute of limitations of the territory. ”

“ I agree that mandamus is an extraordinary remedy which should not be issued except in extraordinary circumstances. And I also realize that sometimes the granting of mandamus may bring about the review of a case as would an appeal. Yet this does not deprive a court of its power to issue the writ. Where there are extraordinary circumstances, mandamus may be used to review an interlocutory order which is by no means 'final' and thus appealable under federal statutes. Finality, then, while relevant to the right of appeal, is not determinative of the question when to issue mandamus. ”

“ Mandamus has never been regarded as the proper writ to control the judgment and discretion of an officer as to the decision of a matter which the law gave him the power and imposed upon him the duty to decide for himself. The writ never can be used as a substitute for a writ of error. ”

“ Mandamus is not a punitive remedy. The entire thrust of the Government's justification for mandamus in this case, moreover, is that the writ serves a vital corrective and didactic function. While these aims lay at the core of this Court's decisions in La Buy and Schlagenhauf v. ”

“ Mandamus is the proper remedy. The circuit court of appeals suppressed depositions taken as 'further proofs' on an admiralty appeal. Their right to do so is denied. If they had no legal power to do it, and have exceeded their jurisdiction, the remedy by mandamus is proper, and the only one the petitioner can invoke. ”

“ Mandamus is an extraordinary remedy, to be resorted to for the purpose of securing judicial action, not for determining in advance what that action shall be. In re Rice, 155 U.S. 396, 15 Sup. Ct. 149, 39 L. Ed. ”

“ The court below say, 'every public officer, who neglects or refuses to perform a mere ministerial duty, whereby an individual is injured, is legally responsible to that individual, in some form or other; and a mandamus is one of the mildest forms of action that can be used:' making the liability to action, which should of itself prohibit the power of mandamus, the test of its correctness. ”

“ Thirty years had passed over Mandu since that strange time of death, when, in a single day and night, a Rajah, his minister, his Ranee, and his favorite slave had perished, each in his own way. During those thirty years Bhavani, the only son of Rai-Khizar-Pál, had been nominal ruler of Mandu. A boy of eleven at the time of his father’s death, he had of his own will placed himself and Mandu under the guardianship of Manava, a minister grown old in service, who acted as regent till, on his twentieth birthday, the young man took the cares of government upon his own shoulders. ”

“ It's a mandamus. You are not to go in that broker's office.”
“Not to go in?” echoed the Executive. “Why not?”
“Al,” said the gambler, grinning like a Hindoo idol, “I said this here was a mandamus. I guess the judge don't ever explain 'why not' in a mandamus.”
“Good chancellor,” replied the Governor, with mock gravity, “I resist the order.”
“On what ground?” said the lion. Ambercrombie Hergan, with such a sage judicial air as might obtain with a truck horse. ”

“ Fidá el-Asra, thou hast been in Mandu, in my service, scarce half a year as yet; but because thou art of high birth and noble training, I repose confidence in thee. I cannot take thee with me upon my campaign, because I should fear to lose thee in the north. But, in leaving thee behind, I am about to place thee in a position of great trust. Manava, whom thou seest standing upon my right hand, is, in my absence, to be part ruler of Mandu. To Kasya here, my faithful eunuch, I intrust the guardianship of my women. ”

“ One of love and woman's power,
To Mandalla's sleeping hour.
Joyless and dark was his jewelled throne
When Mandalla awakened and found him alone.
He drank the perfume that around him swept,
'Twas not sweet as the sigh he drank as he slept;
There was music, but where was the voice, at whose thrill
Every pulse in his veins was throbbing still?
Dim was the home at his native star
While the light of woman and love was afar;
And lips of the rosebud, and violet eyes
Are the sunniest flowers in Paradise. ”

“ MUHAMMADAN ARCHITECTURE AT MANDU, JAUNPUR, AHMADĀBĀD, AND GAUR
Many other remarkable monuments of the Afghan rule in India are found at Mandu, the former capital of the Sultanate of Mālwā founded by Dīlāwar Shah in the beginning of the fifteenth century, when Timūr's bloody raid into India gave him an opportunity of renouncing his allegiance to the Sultans of Delhi.
Mandu, built upon a grand plateau overlooking the valley of the Narbadā river, was in its time one of the most formidable of the hill fortresses of India. ”

“ But Mandodari was sore troubled at heart, saying, 'Heaven is against my lord.' While he was sitting in court, he received intelligence that the whole army had crossed the sea. Then he enquired of his ministers, 'Tell me what you think best to be done.' They all laughed and replied, "Remain quiet. You have conquered gods and demons without any trouble; of what account can men and monkeys be?" ”

“ They ran to King Dantal, and Majnun told him there was a Rakshas or a demon in the garden that had come to eat them.
"What nonsense," said his father. "Fancy two grown men being so frightened by an old ayah or a fakir! And if it had been a Rakshas, it would not have eaten you." Indeed King Dantal did not believe Majnun had seen anything at all, till Husain Mahamat said the prince was speaking the exact truth. They had the garden searched for the terrible old woman, but found nothing, and King Dantal told his son he was very silly to be so much frightened. ”

“ Malati’s, where the young Bhavani, Rai-Khizar-Pál’s only son, the heir of Mandu, lodged with his mother; Bhimeg’s [Pg 45] the Kshatriya woman’s; and those of Chundoor, the despised Sudra wife. At the end of the wing, farthest from the palace, lived the women slaves; and beyond was a separate house for the eunuchs. Such was the zenana, in the days of Indian rule in Mandu: a place full of life and color and sound; of interminable jealousy, strife, and bitterness; a place which only one man ever entered ”

“ When they had heard this address of the revered Danu, uttered by the mouth of Siddhi, Vṛihaspati, Indra having looked him in the face, said to her—“The gods entertain no design against the Asuras, and are willing to be friends with them, unless they display a treacherous animosity against the gods.” When the preceptor of the gods said this, Maya the king of the Dánavas said—“If the Asuras entertained any animosity, how could Namuchi have given to Indra the horse Uchchhaiḥśravas that resuscitates the dead? And how could Prabala have given his own body to the gods? ”

“ The afternoon of the first day of Mohammedan Mandu was growing late. Yellow shadows lengthened across the fields. To the south, the flat, alluvial plain stretched away, dotted now and then with a mud town, or fringed with the jungle into which, in the India of that day, all civilization sooner or later resolved itself. In the north, not very far distant, rose the great rock of Mandu, crowned with her circle of stone palaces; and back of that, a silent, threatening horde, stood the dark Vindhyas, barriers of the Dekkhan.
Of these things Oman saw none. ”

“ On entering this vast city in its present state of solitude (the natives call it the "dead town") we all experienced a peculiar feeling, not unlike the sensation of a man who enters Pompeii for the first time. Everything shows that Mandu was once one of the wealthiest towns of India. The town wall is thirty-seven miles long. Streets ran whole miles, on their sides stand ruined palaces, and marble pillars lie on the ground. Black excavations of the subterranean halls, in the coolness of which rich ladies spent the hottest hours of the day, peer from under dilapidated granite walls. ”

“ Then go thou to Jarita, for whom thy heart is sorrowing! As for myself, I shall henceforth wander alone, as a fit reward for my having attached myself to a wicked person."
"'Hearing these words, Mandapala replied, "I do not wander over the earth with such intentions as thou conceivest. It is only for the sake of progeny that I am here. And even those that I have are in danger. He who casteth off what he hath for the sake of what he may acquire, is a wicked person. The world disregardeth and insulteth him. (Therefore, go I must) . As for thyself thou art free to do what thou choosest. ”

“ The deserted zenana was opened once more, and a new woman installed there in her loneliness. One week her husband tarried by her side. Then he took his man’s privilege, and left her alone in her state, while he marched away at the head of his little army—fifteen hundred men—into the echoing north. The benedictions and the adoration of all Mandu followed him. Old Bhavani had been a good ruler, the kindest, the most just of men. But, after all, men were made for war, and it was better that the princes of men should be generals than judges. Alas for Mandu! ”

“ Then even the gods in the air fled in all directions, seeing that Dhanavatí, if angry, had power to destroy a world.
But Mandaradeva, seeing that the emperor Naraváhanadatta was left alone, ran upon him with uplifted weapon. Naraváhanadatta, for his part, descended from his chariot, and drawing the sword which was one of his imperial jewels, quickly met him. Then Mandaradeva, wishing to gain the victory by magic arts, assumed by his science the form of a furious elephant maddened with passion. ”

“ Consequently, they possess considerable authority and influence among the Mandayas, since the latter look upon them as mediators between them and their gods, the instruments through whom is transmitted the will and mysterious orders of the gods, and, finally, as persons superior to themselves, although they may be baganis or petty kings, inasmuch as they believe them to be in direct communication with their gods or invisible spirits. ”

“ Day after day passed and the king in despair gave orders to put his capital in mourning. His own palace of gold he had demolished, saying it was no longer of use to him until his daughter got Prince Madan back. He sent a written message throughout the habitable world, to the effect that there was a bride named Madhumala, with a kingdom, awaiting the prince Madankumar, but the messengers returned without finding the prince. The king, no longer able to bear the sight of his daughter's sufferings, resolved to make away with his life. ”

“ I myself saw the wretched Madanamanchuká, in the palace of mount Ásháḍha, in a garden, surrounded by sentinels, I mean your beloved, whom my brother has carried off by magic, as Rávaṇa carried off the afflicted Sítá, the wife of Rámabhadra. And as the virtuous lady repels his caresses, he cannot subdue her to his will, for a curse has been laid upon him, that will bring about his death, if he uses violence to any woman. ”

“ Having every wish of theirs gratified, they are also brave and firmly devoted to virtue and profit. The Mandagas are all brave Sudras of virtuous behaviour. In these provinces, O monarch, there is no king, no punishment, no person that deserves to be punished. ”

“ One night the old man is troubled with a dream. He sees a vine spring from his daughter, which overshadows all Asia. He sends for the Magi to interpret; and they tell him that Mandane will have a son who will reign in his stead. Having sons of his own, and fearing for the succession, he sends for Mandane, and, when her child is born, gives it to Harpagus, one of his courtiers, to be slain. The courtier relents, and hands it over to a herdsman, to be exposed on the mountains. The herdsman relents in turn, and bring the babe up as his own child. ”

“ Of the Manda we read as follows: “The Umman Manda comes and governs the land. The mercy seats of the great gods are taken away. Bel goes to Elam.”
Professor Sayce is opposed to the view that the Manda are necessarily identical with the Medes; but he admits that Herodotus, following the authority of Medo-Persian writers, claimed as Median the victories of the Manda. ”

“ And after that he was King of Idumea after King Esau, and when he was king he was clept Jobab. And in that kingdom he lived after 170 year. And so he was of age, when he died, 248 year.
In that land of Job there ne is no default of no thing that is needful to man’s body. There be hills, where men get great plenty of manna in greater abundance than in any other country. This manna is clept bread of angels. And it is a white thing that is full sweet and right delicious, and more sweet than honey or sugar. And it cometh of the dew of heaven that falleth upon the herbs in that country. ”

“ Mandanus aims at the greatest perfection in every thing. The strength of his mind, and his just way of thinking, make him intent upon removing all imperfections.
He can tell you all the defects and errors in all the common methods, whether of trade, building, or improving land or manufactures. The clearness and strength of his understanding, which he is constantly improving, by continual exercise in these matters, by often digesting his thoughts in writing, and trying every thing every way, has rendered him a great master in most concerns in human life. ”

“ Human sacrifices have never been made by the Mandans, nor by any of the north western tribes (so far as I can learn) , excepting the Pawnees of the Platte; who have, undoubtedly, observed such an inhuman practice in former times, though they have relinquished it of late. The Mandans sacrifice their fingers to the Great Spirit, and of their worldly goods, the best and the most costly; if a horse or a dog, it must be the favourite one; if it is an arrow from their quiver, they will select the most perfect one as the most effective gift ”