State Board of Education v. City of West Point

Citations

• 50 Miss. 638

Syllabus

<p>1. Mandamus — When the Action Wild Lie. — Where a discretion is left to an inferior tribunal, the writ of mandamus can only compel it to act, but cannot control the discretion. The writ shall not be issued in any case where there is a plain, speedy and adequate remedy in the ordinary course of law. Being regarded as one of the highest writs known to our jurisprudence, it can only be invoked when there is a clear specific legal right, and a duty which can be performed, and there is no other specific and adequate legal remedy.</p> <p>2. Same— Same — Oase in Judgment. — The city of West Point collected large sums of money from the salé of licenses to retail vinous and spirituous liquors, and used the same for the ordinary purposes of the city government: Held, that this money should have been paid into the state treasury as a permanent school fund. Const., art. 8, sec. 6. If the amount of indebtedness by the city authorities be uncertain and unliquidated, the writ of mandamus will not lie to compel the levy of a tax to pay the debt. The creditor should first obtain his judgment, and then if there is no money in the treasury out of which his judgment can be paid, he may ask for a mandamus to compel the board to levy a tax to pay off his judgment, unless there be some special statute providing another remedy.</p>