Board of Education v. Runnels

Michigan Supreme Court

Board of Education v. Runnels

1 McGrath 1630, 57 McGrath 46

DecidedMay 13, 1885

StatusPublished

This text of 1 McGrath 1630 (Board of Education v. Runnels) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Education v. Runnels, 1 McGrath 1630, 57 McGrath 46 (Mich. 1885).

Pincite

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.

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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.

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Bluebook (online)

1 McGrath 1630, 57 McGrath 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-runnels-mich-1885.