Michigan Supreme Court, 1879

People ex rel. Fitzgerald v. Whipple

People ex rel. Fitzgerald v. Whipple
Michigan Supreme Court · Decided October 8, 1879
41 Mich. 548; 49 N.W. 922
People ex rel. Fitzgerald v. Whipple

Cases that cite this one

6 later published cases cite this decision.

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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.

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