Michigan Supreme Court

Civil Service Commission v. Secretary of State

December 4, 1967379 Mich. 613

Summary

The Court held that the civil service commission's action seeking to enjoin payment of disapproved vouchers was not a mandamus proceeding merely because the injunction might produce an equivalent practical effect. The complaint and requested relief presented a dispute suitable for determination in the circuit court, so the denial of defendants' motion to dismiss was affirmed. Justice Souris concurred in affirmance but would have deferred the ultimate jurisdictional determination, while Justice O'Hara dissented and would have treated the action as mandamus beyond the circuit court's jurisdiction.

Holding

  • Characterization and jurisdiction of the action. The action was not a mandamus action. The substance of the complaint and the prayer for relief supported treating it as an action for injunctive restraint that could proceed in the circuit court.

Docket Calendar 8, Docket 51,573

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