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BOARD OF EDUCATION (Port Huron) vs. RUNNELS (City Treasurer)

Michigan Supreme Court1885-05-13
1 McGrath 163057 M., 46

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

To compel respondent, ex-officio treasurer of relator, to deposit "the school moneys in a bank which relator had designated as the -depository of its moneys.

Granted May 13, 1885.

The bank had applied, but the court had denied the writ, holding that mandamus does not lie to enforce a contract. But held that mandamus lies at the instance of the board; that the moneys as received are at once payable to the designated depository and that the treasurer could not go■ behind the records of the board, which on their face were valid action, for the purpose of avoiding the performance of his duty.