Portman v. State Board of Fish Commissioners
Cases that cite this one
4 later published cases cite this decision.
- Fuller v. Ellis (Mich. 1893)
- Attorney-General Ex Rel. Adams v. McCaughey (R.I. 1899)
- Board of Education v. State ex rel. Reed (Wis. 1898)
- Attorney General ex rel. Hart v. Cain (Mich. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We are of opinion that the Superintendent of Fisheries is not an officer within'the meaning of the Constitution and laws of this State ; that he is an employee of the Board, subject to their orders and directions, and that they have power to terminate at any time the contract relations existing between the Board and Superintendent. This is absolutely necessary to the efficiency of the work which the Board was created to perform, and any other view would render the Board to a great extent subservient to the will of the Superintendent. If there has been a breach of contract relator may have a claim for damages, but mandamus would not be the proper remedy.
It follows that the relief prayed for must be denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.