37 Mich. 542 | Mich. | 1877
This is a proceeding for mandamus.
The case stands on demurrer to the answer made to the order to show cause and the demurrer admits all material matters in the answer.
Under these circumstances the discretion vested in the court will be but exercised by refusing to grant a peremptory mandamus. State v. Lusitanian Portuguese Society, 15 La. An., 73; The King v. Griffiths, 5 Barn. & Ald., 731; Rex v. Mayor &c. of Axbridge, 2 Cowper, 523; Same v. The Mayor &c. of London, 2 Term. R., 177; Ex parte Paine, 1 Hill, 665.