Michigan Supreme Court, 1886

Bresler v. State Treasurer

Bresler v. State Treasurer
Michigan Supreme Court · Decided February 10, 1886
1 McGrath 1004; 60 McGrath 40

Bresler v. State Treasurer

Opinion of the Court

To compel payment of a balance claimed to be due relator as holder of the bills of the Government Stock Bank.

Denied February 10, 1886.

No mandamus can issue to a state officer to compel him to perform any but some unquestionable and legally defined duty. A right under statute to have the state treasurer pay some definite amount, may be enforced by mandamus; but where the liability is not recognized by the State, no suit will lie to determine it, *1007and wbat cannot be done against tbe State directly, cannot be done under color of suit against, a State officer.

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