Hale v. Risley
Michigan Supreme Court
Application for mandamus to compel respondent to bring suit on assessor’s bond for breach of its conditions in paying an order issued to an alleged unqualified teacher.- The facta Are stated by the Reporter, as a preface to the opinion, by the request of the Court.
1Per curiam
Mandamus is a discretionary writ, and will be allowed only in furtherance of justice upon a proper case presented. It will not be allowed where it is apparent that it is applied for to gratify the spite of a private individual, nor where the relator has instigated, authorized, or approved of the act complained of.
The relator in this case was the moderator of the school-district, and presided at a school-district meeting where the act was authorized for which he now asks a mandamus to compel suit upon the assessor’s bond because such act, as he-*599alleges, was.unlawful. It does not appear by his…
2Cases cited4 opinions
- Crane v. School District Number SixMichigan Supreme Court · 1886
- Stockdale v. School District No. TwoMichigan Supreme Court · 1881
- School District No. 8 v. EstesNebraska Supreme Court · 1882
- School District No. 9 v. BrownSupreme Court of Vermont · 1883
3Cited by7 opinions
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
- Iron County Board of Supervisors v. City of Crystal FallsMichigan Court of Appeals · 1970
- State ex rel. Donovan v. BarretMontana Supreme Court · 1904
- Township of Ross v. Michigan United Railways Co.Michigan Supreme Court · 1911
- Donahue v. State ex rel. SeieroeNebraska Supreme Court · 1903
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