Legal Opinion

People ex rel. Drake v. Regents of the University

Michigan Supreme Court

Decided January 15, 1856PublishedCited by 46 opinions

This was an application by the relator, who was a private ■citizen of this State, for an alternative mandamus against the Regents of the University of Michigan, rounded upon his affidavit, which set forth that he was a citizen of this State, that there was, at the time of filing his affidavit, no Professor of Homoeopathy in the department of Medicine of the University, that the Regents, whose duty it was, had not only neglected and refused (although often requested thereto)…

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This was an application by the relator, who was a private ■citizen of this State, for an alternative mandamus against the Regents of the University of Michigan, rounded upon his affidavit, which set forth that he was a citizen of this State, that there was, at the time of filing his affidavit, no Professor of Homoeopathy in the department of Medicine of the University, that the Regents, whose duty it was, had not only neglected and refused (although often requested thereto) to elect such Professor, but still neglected and refused so to do. The law, upon which the application was founded,…

1Opinion of the Court

By the Court,

"Wing, J.

The first objection is predicated upon the alleged incapacity of an individual citizen, who is only interested in common with all other citizens of the State in the subject matter of *102complaint, to institute a proceeding of this kind against a public Corporation, sustaining the relations which the University of Michigan does to this State.

It is alleged that where there is a cause of complaint against a public body or corporation, it is the duty of the Attorney General of the State to move against them, and that it would be peculiarly fit in a matter of complaint of so…

2Cases cited1 opinion

  1. People ex rel. Case v. CollinsNew York Supreme Court · 1837

3Cited by46 opinions

  1. Lansing Schools Education Ass'n v. Lansing Board of EducationMichigan Supreme Court · 2010
  2. W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
  3. Couey v. AtkinsOregon Supreme Court · 2015
  4. Regents of the University v. Employment Relations CommissionMichigan Supreme Court · 1973
  5. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877

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