McArthur v. Township of Duncan

Graves, J:

McArthur sued the township on certain orders drawn regularly by the highway commissioners on the township treasurer, who refused payment.

The court ruled that the action could not be maintained ■on the ground that mandamus was the proper remedy, and McArthur claims that this was error. That the liability of the township was fixed by the orders for the amount they represented, is not denied; but the objection urged by McArthur appears to be that mandamus might prove ineffectual inasmuch as that proceeding would fail in compelling payment in case there should be a lack of funds.

We do…