People ex rel. Kuhn v. Board of Auditors
Michigan Supreme Court
Petition for a Mandamus. The petition showed that the relator was a justice of the peace of the city of Detroit; that he presented his bill for services as such Justice in criminal cases to the Board of Auditors of Wayne county, including therein certain charges for taking down testimony; Ms oath to the correctness of the whole being attached.
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Petition for a Mandamus. The petition showed that the relator was a justice of the peace of the city of Detroit; that he presented his bill for services as such Justice in criminal cases to the Board of Auditors of Wayne county, including therein certain charges for taking down testimony; Ms oath to the correctness of the whole being attached. These charges were largely reduced by the Auditors, on the ground of an overcharge in the amount of testimony taken down, and he now applies for a mandamus to compel them to allow the amount deducted. The petition having been read,
1Opinion of the Court
Martin 'Ch. J.:
Our view of the question remains unchanged. It is_clearly a case where we have no jurisdiction.
Campbell J.:
This is a mere attempt .to induce us to review the action of the Auditors upon the facts. That could be nothing but an appeal. The case is very different from those in 3d and 8th Mich., where the amounts were liquidated. Here it was a question of fact whether the services were rendered or not. If the Auditors should wilfully or maliciously refuse to act upon the facts jiresented to them, there might be a remedy; but this is not that case.
Hand. But here the Auditors…
2Cited by8 opinions
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- Cicotte v. County of WayneMichigan Supreme Court · 1886
- Poling v. Board of EducationWest Virginia Supreme Court · 1901
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