295 Mass. 9 | Mass. | 1936
This is a petition for a writ of mandamus brought by a corporation having a usual place of business in this Commonwealth against the commissioner of public works of the Commonwealth, to compel him to furnish to the petitioner lists of motor vehicle registrations for the year 1936 upon the payment by the petitioner of reasonable costs to the Commonwealth. The respondent’s answer admits all the material facts which are well pleaded in the petition, and further says, in substance, that the petitioner has not set forth in its petition any matter or cause entitling it- to a writ of mandamus as prayed for against the respondent. The case was heard by a justice of this court upon the petition as amended and the answer. No evidence was offered by either party. The petitioner filed fifteen requests for rulings. All of them were denied subject to the petitioner’s exceptions. An order was entered dismissing the petition, and the petitioner excepted.
The petition, in substance, alleges that each year since
It has frequently been held by this court that mandamus is not a writ of right, but that it is an extraordinary' remedial process granted only in the exercise of sound judicial discretion when full and adequate relief cannot be had by resort to some other method of procedure. Brattin v. Board of Civil Service Commissioners, 249 Mass. 170, 172. Peckham v. Mayor of Fall River, 253 Mass. 590. Blackwell v. Mayor of Boston, 261 Mass. 58. Jaffarian v. Mayor of Somerville, 275 Mass. 264. If the petition was dismissed as a matter of law no error appears. The single justice could not properly have granted the petitioner the relief which is sought as there is no authority given to the respondent to sell at cost or for any other sum copies of the lists of the Commonwealth of registrations of motor ve
. The petitioner’s requests for rulings of law have all been considered. We are of opinion that none of them properly could have been granted. It results that the entry must be
Exceptions overruled.