People ex rel. Fitzgerald v. Whipple

Michigan Supreme Court
People ex rel. Fitzgerald v. Whipple, 41 Mich. 548 (Mich. 1879)
49 N.W. 922

People ex rel. Fitzgerald v. Whipple

Opinion of the Court

Per Curiam.

A mandamus would be entirely inefficient in reaching the mischief complained of, as no court by such means could keep up a continuous or repeated attendance. Courts are not created to conduct the municipal affairs of cities, and nothing short of any such.general supervision would reach such cases as the present. The remedy, if there is one, is not judicial. .This is not a case where there is some specific right involved, but is a general violation of public duty.

Mandamus denied.

Reference

Full Case Name
People ex rel. Emanuel Fitzgerald, Mayor of Port Huron v. Frank Whipple, aldermen
Cited By
8 cases
Status
Published