Goodson v. Board of Health
Michigan Supreme Court
Certiorari to Wayne; Frazer, J. Mandamus by John W. Goodson to compel the board of health of the city of Detroit to páy him for extra services as clerk in the health department.
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Certiorari to Wayne; Frazer, J. Mandamus by John W. Goodson to compel the board of health of the city of Detroit to páy him for extra services as clerk in the health department. From an order granting the writ, respondent brings certiorari. , The relator was appointed clerk in the health department of the city of Detroit at a salary of $100 per month, and was so employed from October, 1892, to January, 1895. In 1895 the board of health which employed him went out of office, and a new board was created. Belator then presented to this new board the following bill : The Board of Health of the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Mandamus is not the proper remedy. The proper remedy is by a suit *348at law. Inasmuch as this point' is not raised, we will dispose of the case upon its merits.
2. The authority for the appointment of relator is found in section 382 of the charter of 1893. This section gives the appointing power to the board of health alone, and the power “to prescribe the powers and duties and determine the annual salary and compensation of each and all herein referred to.” There was no contract between relator and respondent to perform these extra services, unless one is to be…
2Cases cited1 opinion
- Bartlett v. Street Railway Co.Michigan Supreme Court · 1890
3Cited by1 opinion
- Lachine v. Manistique Railway Co.Michigan Supreme Court · 1901