Legal Opinion

O'Hara v. Collier

Michigan Supreme Court

Decided February 18, 1913No. Calendar No. 24,805PublishedCited by 6 opinions

Certiorari to Berrien; Coolidge, J. Mandamus by James O’Hara, city attorney of the city of St. Joseph, against Joseph R. Collier, Jr., one of the justices of the peace for said city, to compel respondent to issue a warrant applied for by relator. An order denying the writ is reviewed by relator on writ of certiorari.

1Opinion of the CourtStone, J.

This case has been brought to this court on certiorari to review the action of the circuit court in refusing to grant a peremptory mandamus. The relator is the city attorney of the city of St. Joseph. The respondent, a justice of the peace, having refused to issue a warrant upon the complaint of the relator filed with him, charging one David J. Stewart with a violation of the peddler ordinance of the city of St. Joseph, the relator petitioned the circuit court for the county of Berrien for a peremptory writ of mandamus, compelling the respondent so to do. An order to show cause having been…

2Cases cited9 opinions

  1. City of Grand Rapids v. BraudyMichigan Supreme Court · 1895
  2. City of St. Paul v. ColterSupreme Court of Minnesota · 1866
  3. City of Duluth v. KruppSupreme Court of Minnesota · 1891
  4. In re WhiteSupreme Court of Minnesota · 1890
  5. City of Muskegon v. ZeerypMichigan Supreme Court · 1903

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3Cited by6 opinions

  1. Vernor v. Secretary of StateMichigan Supreme Court · 1914
  2. People v. RiksenMichigan Supreme Court · 1938
  3. Hughes v. City of DetroitMichigan Supreme Court · 1922
  4. Fetter v. City of RichmondSupreme Court of Missouri · 1940
  5. Ex Parte DavisCourt of Criminal Appeals of Oklahoma · 1946

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