Roger B. Taney

“ If the plaintiffs have shown, either in pleading or in evidence, any cause of action, still we except to all the evidence of special damage pretended to have been sustained by the plaintiffs, in consequence of the defendant's refusal to allow and pay them the several sums of money pretended to be due under their contract-such as discounts and usury paid by them for money borrowed, expenses of travel, large feees to counsel, tavern-bills, and other expenses incurred in pursuit of their claim against the Post-office Department. ”

“ The postmaster-general had undoubtedly the right to examine into this account, in order to ascertain whether there were any errors in it which he was authorized to correct, and whether the allowances had in fact been made by Mr. Barry; and he had a right to suspend these items until he made his examination and formed his judgment. It repeatedly and unavoidably happens, in transactions with the government, that money due to an individual is withheld from him for a time, and payment suspended in order to afford an opportunity for a more thorough examination. ”

“ The question, then, on the first count is, can a party, after a reference, an award, and the receipt of the money awarded, maintain a suit on the original cause of action upon the ground that he had not proved, before the referee, all the damages he had sustained? or that his damage exceeded the amount which the arbitrator awarded? We think not. ”

“ The 5th count averred the passage of a private act of Congress entitled 'An act for the relief of Wm. B. Stokes, Richard C. Stockton, Lucius W. Stockton, and Daniel Moore,' by which the solicitor of the Treasury was authorized and required to determine on the equity of the claims of them, or any of them, growing out of certain alleged contracts between them and Mr. Barry, and by which the postmaster-general was directed to credit them with such amounts as might be awarded, pursuant to the act. ”

“ Mansfield. [2] another remedy, which was incomplete and inadequate, he abandoned it by applying for and obtaining the mandamus. It is treated both by him and the court as no remedy. Such was obviously the meaning of the Supreme Court in the opinion delivered in the former suit between these parties, where they speak of the action on the case, and give him the mandamus, because the other form of action was inadequate to redress the injury, and they would not therefore require the plaintiffs to pursue it. And they speak of the action on the case as an alternative remedy ”

“ A contrary principle would indeed be pregnant with the greatest mischiefs. It is unnecessary, we think, to refer to the many cases by which this doctrine has been established. It was fully recognized in the case of Gidley, Exec. ”

“ If the action be really founded upon a form of contract, yet, being mixed up with tort, every defence, good against the form ex contractu, is good against the tort. 1 Esp., 172; 8 T. R., 335.
An action will lie against a public officer only when the duty to be performed is wholly ministerial, and never in a case where judgment is to be exercised. United States v. Bank of Metropolis, 15 Pet., 403.
As to the mandamus case, Mr. ”