Bresler v. State Treasurer

Michigan Supreme Court

Bresler v. State Treasurer

1 McGrath 1004, 60 McGrath 40

DecidedFebruary 10, 1886

StatusPublished

This text of 1 McGrath 1004 (Bresler v. State Treasurer) 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

Bresler v. State Treasurer, 1 McGrath 1004, 60 McGrath 40 (Mich. 1886).

Pincite

Opinion

To compel payment of a balance claimed to be due relator as holder of the bills of the Government Stock Bank.

Denied February 10, 1886.

No mandamus can issue to a state officer to compel him to perform any but some unquestionable and legally defined duty. A right under statute to have the state treasurer pay some definite amount, may be enforced by mandamus; but where the liability is not recognized by the State, no suit will lie to determine it, [1007]*1007and wbat cannot be done against tbe State directly, cannot be done under color of suit against, a State officer.

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To compel payment of a balance claimed to be due relator as holder of the bills of the Government Stock Bank.

Denied February 10, 1886.

No mandamus can issue to a state officer to compel him to perform any but some unquestionable and legally defined duty. A right under statute to have the state treasurer pay some definite amount, may be enforced by mandamus; but where the liability is not recognized by the State, no suit will lie to determine it, [1007]*1007and wbat cannot be done against tbe State directly, cannot be done under color of suit against, a State officer.

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Bluebook (online)

1 McGrath 1004, 60 McGrath 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bresler-v-state-treasurer-mich-1886.