43 Iowa 592 | Iowa | 1876
I. It is very clear that the petition does not state facts entitling plaintiff to the relief demanded. Section 3373 •l^TAXATiojy: of the Code provides, that the action of mandamus practice. ’ is one brought to obtain an order commanding an inferior board or tribunal to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from an office or trust; and where a discretion is left to the inferior tribunal, the mandamus can only compel it to act, but cannot control such discretion.
Section 829 of the Code provides a board of equalization,
Besides, section 3376, provides that an order for mandamus shall not be issued in any case where there is a plain, speedy, and adequate remedy in the ordinary course of the law.
Section 829, provides- a tribunal for the correction of the error complained of, and section 831, provides for an appeal to the Circuit Court from the action of that tribunal. A plain and speedy remedy is thus provided, and a refusal of this tribunal to act creates the only condition under which a writ of mandamus would be proper in the premises.
Eeversed.