Riker v. Oakland Circuit Judge
Michigan Supreme Court
Mandamus by John D. Hiker, mayor, William J. O’Riley, clerk, and the common council of the city of Pontiac, to compel George W. Smith, circuit judge of Oakland county, to vacate an order refusing to dissolve an injunction. On July 13, 1904, the common council of the city of Pontiac advertised for bids for lighting the city in accordance with plans and specifications which the council had duly adopted. Bids thereupon were to be received until 7 o’clock p. m. July 25th.
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Mandamus by John D. Hiker, mayor, William J. O’Riley, clerk, and the common council of the city of Pontiac, to compel George W. Smith, circuit judge of Oakland county, to vacate an order refusing to dissolve an injunction. On July 13, 1904, the common council of the city of Pontiac advertised for bids for lighting the city in accordance with plans and specifications which the council had duly adopted. Bids thereupon were to be received until 7 o’clock p. m. July 25th. One Jules G. Hoffman duly filed a written bid to light said city in accordance with said plans and specifications. He was the…
1Opinion of the CourtGrant, J.
(after stating the facts). We find it unnecessary to determine the legal rights of the parties. Municipalities, although through their officers they may at times let contracts not in accordance with the legal rights of the parties, ought not, except under very extraordinary circumstances, to be restrained by the courts. The rights of the public, so far as the remedy by injunction is concerned, are paramount to the rights of individuals who claim to stand in the position of contractors. Prompt action on the part of municipal officers is, as in this case, essential to secure to the public the…
2Cases cited4 opinions
- People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
- City of Detroit v. Wayne Circuit JudgeMichigan Supreme Court · 1901
- Riehl v. City of San JoseCalifornia Supreme Court · 1894
- Chandler v. Board of EducationMichigan Supreme Court · 1895