People ex rel. Dutton v. Maxwell

Ingraham, P. J.:

I concur with Mr. Justice McLaughlin, on the ground that mandamus is not the proper remedy. The relator has an action at law to recover any salary due him, where the questions can be much more satisfactorily disposed' of than on an application for a mandamus; and no certificate of the superintendent is necessary to enable him to maintain such an action.

Scott, J., concurred.

Judgment and order affirmed, with costs.