Attorney General ex rel. Hudson v. Common Council
Michigan Supreme Court
Certiorari to Wayne; Mandell, Hosmer, and Rohnert, JJ., sitting in banc. Mandamus by Franz Kuhn, attorney general, on the relation of Joseph L. Hudson, George H. Barbour, Russell A. Alger, Jr., Charles A. Ducharme, Fred T. Moran and Henry B. Joy, against the common council of the city of Detroit, to restrain the submission of a proposed amendment to the municipal charter to a vote of the electors of the city.
Read the full summary
Certiorari to Wayne; Mandell, Hosmer, and Rohnert, JJ., sitting in banc. Mandamus by Franz Kuhn, attorney general, on the relation of Joseph L. Hudson, George H. Barbour, Russell A. Alger, Jr., Charles A. Ducharme, Fred T. Moran and Henry B. Joy, against the common council of the city of Detroit, to restrain the submission of a proposed amendment to the municipal charter to a vote of the electors of the city. An order denying the writ is reviewed by relator by writ of certiorari.
1Opinion of the CourtHooker, J.
I am of the opinion that, if the relators have a remedy at this stage of the proceedings, it should be by injunction bill, and not by mandamus:(1) Because mandamus issues to command action, and not inaction.(2) Because there is another adequate remedy for any one entitled to restrain the council.
*371In Merrill on Mandamus, § 43, mandamus and injunction are contrasted:
“ Mandamus and injunction should not be confounded. The latter is used to prevent action, to maintain affairs in statu quo. The former is compulsory, commanding something to be done. An injunction is preventive and protective merely,…
2Cases cited20 opinions
- Giddings v. BlackerMichigan Supreme Court · 1892
- Legg v. Mayor of AnnapolisCourt of Appeals of Maryland · 1875
- Maclean v. SpeedMichigan Supreme Court · 1883
- People ex rel. Township of La Grange v. State TreasurerMichigan Supreme Court · 1872
- Axtell v. GibbsMichigan Supreme Court · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gallup v. City of SaginawMichigan Supreme Court · 1912
- Utz v. City of NewportCourt of Appeals of Kentucky (pre-1976) · 1952
- Bray v. StewartMichigan Supreme Court · 1927
- Township of Ross v. Michigan United Railways Co.Michigan Supreme Court · 1911
- Attorney General ex rel. Vernor v. Common Council of DetroitMichigan Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.