Sweet v. Smith

Michigan Supreme Court
Sweet v. Smith, 153 Mich. 674 (Mich. 1908)
117 N.W. 59; 1908 Mich. LEXIS 1082

Sweet v. Smith

Opinion of the Court

Per Curiam.

We are asked to review an order of the circuit court for the county of Wayne denying a mandamus, prayed for by relator and others, compelling the respondent “to execute and enforce all the laws pertaining to the preservation of the Sabbath, or the first day of the week, at the baseball park of the Detroit Club.” The purpose of the proceeding was to prohibit Sunday baseball playing in the city of Detroit. It does not appear that the grievance of the petitioners is any other than that sustained by other citizens of the city of Detroit. Neither does it appear that the attorney general of the State has refused to take action in the matter. Under these circumstances, petitioners have no right to relief. The griev*675anee complained of is purely a public grievance, and redress should have been sought by the people’s public agents, and not by private intervention. See People, ex rel. Russell, v. Inspector and Agent of State Prison, 4 Mich. 187; Miller v. Grandy, 13 Mich. 540; People, ex rel. Delbridge, v. Green, 29 Mich. 121; People, ex rel. McBride, v. Board of Sup’rs of Kent Co., 38 Mich. 422; Steffes v. Moran, 68 Mich. 291; Smith v. City of Saginaw, 81 Mich. 123.

The decision of the circuit court was clearly correct, and we decline to review it in this court.

Reference

Full Case Name
SWEET v. SMITH
Cited By
5 cases
Status
Published