Can a writ of mandate be issued to enforce an abstract right?

California, United States of America


The following excerpt is from Stanton v. Dumke, 43 Cal.Rptr. 873 (Cal. App. 1965):

As held in Clementine v. Board of Civil Commissioners, 47 Cal.App.2d 112, 114, 117 P.2d 369, 370, 'A writ of mandate will not issue to enforce an abstract right, when the occurrence of an event subsequent to the commencement of the proceeding makes the issuance of the writ of no practical benefit to the petitioner.' (See also, Coyne v. Superior Court, 80 Cal.App.2d 898, 183 P.2d 36.)

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