Peopel ex rel. Allen v. Frink

Decision Date30 April 1875
Citation32 Mich. 96
CourtMichigan Supreme Court
PartiesThe People on the relation of William M. Allen and another v. Marshall D. Frink

Submitted on Briefs, April 30, 1875

Application for Mandamus.

Writ denied, with costs to respondent.

Chadwick & Potter, for relators.

Atkinson Bros., for respondent.

OPINION

Per Curiam:

Application is made bye the moderator and the director of a school-district for a writ of mandamus to require the respondent, who is assessor of the district, to pay a certain warrant drawn upon him by them in favor of a school teacher.

The respondent shows for cause, among other things, a want of funds, and as this showing is not in any way impugned, nor any attempt made to question its correctness, the writ must be denied, with costs to respondent.

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6 cases
  • Civil Serv. Comm'n of Mich. v. Auditor Gen.
    • United States
    • Michigan Supreme Court
    • September 8, 1942
    ...of Agriculture v. Auditor General, 226 Mich. 417, 197 N.W. 160;Kinnane v. Auditor General, 176 Mich. 340, 142 N.W. 551;People ex rel. Allen v. Frink, 32 Mich. 96. We conclude that it is within the power of the legislature to fix the amount it will appropriate for personal services in any st......
  • Beach v. Myll
    • United States
    • Michigan Supreme Court
    • October 2, 1933
    ...to control by mandamus. High, Extraordinary Legal Remedies, par. 356. The defense is want of funds. Reliance is based upon People ex rel. Allen v. Frink, 32 Mich. 96, where the moderator and director of a school district sought mandamus against the assessor to compel payment of an order iss......
  • Moravian Seminary v. Borough of Bethlehem
    • United States
    • Pennsylvania Supreme Court
    • March 20, 1893
    ... ... 286; Cavanaugh v. School ... Dist., 6 Pa. C.C. 35; People v. Frink, 32 Mich ... 96; People v. Edmonds, 19 Barb. 472; State v ... Graves, ... ...
  • State ex rel. Jacobs v. Herdman
    • United States
    • Delaware Superior Court
    • March 1, 1915
    ... ... Com'rs, 1 Whart. (Pa.) 1; People v ... Stout, 23 Barb. (N.Y.) 338; People v ... Frink, 32 Mich. 96; Mitchell v. Speer, 39 Ga ... 56; Day v. Callow, 39 Cal. 593; State ... v. Union, ... ...
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