TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 3

WRITS OF MANDATE

7-304.  Form of writ. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a specified time and place why he has not done so. The peremptory writ must be in a similar form except that the words requiring the party to show cause why he has not done as commanded must be omitted, and a return day inserted.

History:

[(7-304) C.C.P. 1881, sec. 740; R.S., R.C., & C.L., sec. 4979; C.S., sec. 7256; I.C.A., sec. 13-304.]