District of Columbia Court of Appeals December 3, 1902, No. 1231 (Payne v. United States ex rel. National Railway Publishing Co.)

lead-opinion

Mr. Justice Morris

delivered the opinion of the Court:.

The principal question here, as in all eases of this character, is whether the act sought to be performed is of a ministerial or *597of a judicial character, as those terms have been defined and limited by the courts. For, as pointed out in the case of United States ex rel. West v. Hitchcock, 19 App. D. C.