34.190 - Writ must be either alternative or peremptory; substance of writ.
34.190 Writ must be either alternative or peremptory; substance of writ.
1. The writ shall be either alternative or peremptory.
2. The alternative writ shall 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 the party has not done so.
3. The peremptory writ shall be in a form similar to the alternative writ, except that the words requiring the party to show cause why the party has not done as commanded shall be omitted, and a return day shall be inserted.
[1911 CPA § 755; RL § 5697; NCL § 9244]