stating that "[w]here a plain and adequate remedy at law has been unsuccessfully invoked, a writ of mandamus will not lie to relitigate the same issue"
How later courts described this case
- stating that "[w]here a plain and adequate remedy at law has been unsuccessfully invoked, a writ of mandamus will not lie to relitigate the same issue"
Written by the judges who cited it.
The opinion
Cook, J.,
concurring in part and dissenting in part. The filing of this second mandamus action and the appeal to this court is plainly frivolous conduct for which I would award attorney fees as a sanction.
Wright, J., concurs in the foregoing opinion.