People ex rel. Whitely v. Common Council

•Campbell, J.

Kelator asks a mandamus to compel the assessment of a sufficient sum to pay him for what is claimed to he due •under a grading contract, made by John Shine with the •city of Lansing, upon which orders were issued as the work went on, and have not been fully paid, and relator owns a large amount of them.

The contract was made and tbe work done under a •contract' made in 1865, the validity of which does not appear to he disputed by either party. Under the charter •of the city, as then existing, all work done was to he paid ■for out of a special fund to be raised for that purpose,…