People ex rel. Rogers v. Board of Canvassers
Michigan Supreme Court
Motion for a mandamus to compel the . Board of Canvassers of Kent County to certify to the election of the relator as Circuit Court Commissioner for such county at the annual election held in October, 1862. It appeared by the application, and by the affidavits in opposition, that the notice of election given by the • sheriff was first for an election of two Circuit Court Commissioners, hut it was soon changed to one; that the general understanding was that only one was to be…
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Motion for a mandamus to compel the . Board of Canvassers of Kent County to certify to the election of the relator as Circuit Court Commissioner for such county at the annual election held in October, 1862. It appeared by the application, and by the affidavits in opposition, that the notice of election given by the • sheriff was first for an election of two Circuit Court Commissioners, hut it was soon changed to one; that the general understanding was that only one was to be cbosen; that Eben Smith, junior, and the relator were respectively nominated and voted for by opposing parties; that…
1Opinion of the Court
Campbell J.:
An election was held in Kent County in the fall of 1862, for Circuit Court Commissioners, at which 5,M2 votes were cast; of which 3,108 were cast for Eben Smith junior, and 2,614 for the relator. The Board of Canvassers certified to Smith’s election, but refused a certificate to Rogers, who asks a mandamus to compel them to certify in his behalf also; on the ground that by the statute two Commissioners were required to be chosen — the county having more than 20,000 inhabitants.
The statute of 1861 is by no means free from ambiguity; but we are very strongly inclined to the opinion…
2Cited by3 opinions
- Secord v. FoutchMichigan Supreme Court · 1880
- Odell v. RihnCalifornia Court of Appeal · 1912
- Almon v. McEvoyCalifornia Court of Appeal · 1912