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116 Mich. 90

McQueen v. Common Council

Michigan Supreme Court

Decided March 1, 1898

Michigan Supreme Court · decided 1898-03-01

Mandamus by James McQueen to compel the common council of the city of Detroit to pay to relator his salary as assistant boiler inspector. The writ was denied, and relator petitioned for the writ of certiorari. The relator was appointed assistant boiler inspector of the city of Detroit, duly qualified by filing his oath and bond, and held the position until July 21, 1897, when he was discharged by the inspector.

Cited by 2 later decisions — most recently June 1923

2 state decisions

Relies on Board of Supervisors v. Supervisor of Mentor

Good law ✅— No negative treatment on recordhow we know

Petition denied · Decided 1898-03-01

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Grant, C. J.

¶1(after stating the facts). The relator insists that he could not be removed except upon the preferment of charges and an opportunity to be heard and defend himself. The agreed facts show that relator was unfit to hold the important position to which he was appointed, and that his removal was justified. He now de*92mands payment from the city for services not rendered, because his removal was not in accordance with the strict rules of the law, and asks the court to issue the discretionary writ of mandamus to accomplish that purpose. Courts will not grant discretionary writs to accomplish an apparent injustice, and to enforce payment where clearly nothing is equitably or justly due. We therefore decline to issue the discretionary writ of certiorari to review this proceeding. We, of course, express no opinion upon the question of the power of removal. We only determine that, where one’s unfitness for the position is confessed, he cannot invoke discretionary writs to test the question. Merrill, Mand. § 74; Board of Sup’rs of Cheboygan Co. v. Township of Mentor, 94 Mich. 386.

¶2Writ denied.

The other Justices concurred.
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