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
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