Osterhous ex rel. Vander Veen v. Van Duren
Michigan Supreme Court
Error to Ottawa; Padgham, J. Information in the nature of quo warranto by Louis H. Osterhous, prosecuting attorney of Ottawa county, on the relation of Engbertus Vander Veen, against Arthur Van Duren to test the title of respondent to the office of justice of the peace. An order sustaining a demurrer to the information is reviewed by relator on writ of error.
1Opinion of the CourtStone, J.
This was a proceeding by information in the nature of a quo warranto to inquire by what right the respondent held the office of justice of the peace. The *465information was filed and summons issued on June 2, 1911.
The information alleges:
First. That Arthur Van Duren, of the city of Holland, for the space of 25 months last past, had held, used, and exercised, and still did hold, use, and exercise, the office of justice of the peace without any legal election, appointment, warrant, or authority whatsoever therefor.
Second. That at the election of 1907 said Arthur Van Duren was duly elected to said…
2Cases cited4 opinions
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- Vrooman v. MichieMichigan Supreme Court · 1888
- State ex rel. McNulty v. PorterSupreme Court of Iowa · 1882
- People ex rel. Blomquist v. NappaMichigan Supreme Court · 1890
3Cited by8 opinions
- Cummings v. EastmanSupreme Judicial Court of Maine · 1927
- Layle v. ADJUTANT GEN. OF MICH.Michigan Supreme Court · 1971
- Wattles ex rel. Johnson v. UpjohnMichigan Supreme Court · 1920
- Pease v. StateCourt of Appeals of Texas · 1921
- People v. MueheCalifornia Court of Appeal · 1931
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