People ex rel. Attorney General v. Van Cleve
Michigan Supreme Court
The attorney general filed an information, in tlie nature of a quo warranto, against tlie defendant for exercising the office of judge of probate for "Washtenaw county.
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The attorney general filed an information, in tlie nature of a quo warranto, against tlie defendant for exercising the office of judge of probate for "Washtenaw county. The plea of the defendant, which is too long to be given at length, stated, among other tilings, that notice .of a general election for said county, at which a judge of probate was ;to be elected, was given by the .sheriff as required by law, and that ■such election was held on the day mentioned in the notice, and that at such election defendant was, by tbe greatest number of votes given in ■tbe several townships of the…
1Opinion of the Court
By the court,
Mundy, J.
The main objection to the pica, is, that it is not averred that, by the statement made out by the county board of canvassers, it appeared that the defendant had the greatest number of votes, and that tkeroupion the board determined that he was elected. The objection involves an inquiry into the materiality of such averment, an inquiry to bo solved by a just view of the effect which this tabular statement of the board has upon the title of the defendant to the office. There is no doubt, that ho must in his plea show a good title: but if we shall come to the conclusion…
2Cases cited1 opinion
- People v. VailNew York Supreme Court · 1838
3Cited by15 opinions
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- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- State ex rel. Townsend v. HillNebraska Supreme Court · 1880
- Houser v. HartleySupreme Court of Georgia · 1923
- Pickett v. Board of County CommissionersIdaho Supreme Court · 1913
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