Writ of Mandamus

[blueangel7]

What is the name of your state?NY
I have done a motion to vacate a judgment in court. The motion was denied and I was wondering if my next step being that there was good ground for the motion to vacate to issue, would be to Petition for a writ in the nature of a mandamus?

[BelizeBreeze]

A writ of Mandamus is used to require an official to perform a duty he/she is required to perform. Since the judge in your case has denied your motion then they have performed their duty. Simply because you don't like the outcome is not grounds for Mandamus.

[blueangel7]

In the motion to vacate it was shown that the Plaintiff did not invoke the courts jurisdiction because pursuant to law the Plaintiff failed to exhaust administrative remedy before commencing the action. This was overlooked and not addressed in the motion to dismiss in the pleadings and the case resulted in summary judgment. If the courts jurisdiction was not invoked and a judgment was rendered, how did the judge perform his ministerial duty being made award of that fact?

[BelizeBreeze]

If the courts jurisdiction was not invoked and a judgment was rendered, how did the judge perform his ministerial duty being made award of that fact?

Listen, I'm not going to get into a lengthy discussion with you on the issues of your case and of filing a mandamus. Simply put, you file a mandamus if the judge had not decided say, after two years. Or you file a mandamus if the Mayor of your town decides on a whim that he doesn't want to hold any more monthly city council meetings.

In your case, since the judge decided, regardless of if you agree or not, your ONLY course of action is to appeal the decision on the basis of a mistake of law.

MANDAMUS - The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command.

It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice.

Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ.