Waldby v. Callendar
Michigan Supreme Court
Certiorari to the Circuit Court Commissioner for Allegan county. On April 23d, 1859, Genevieve Callendar presented to said Circuit Court Commissioner a petition, under §101 of the tax law of 1858, to have certain tax titles held by one Merchant, upon ¿and claimed by her, set aside and annulled.
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Certiorari to the Circuit Court Commissioner for Allegan county. On April 23d, 1859, Genevieve Callendar presented to said Circuit Court Commissioner a petition, under §101 of the tax law of 1858, to have certain tax titles held by one Merchant, upon ¿and claimed by her, set aside and annulled. Plaintiff in error, who held a mortgage given by Merchant, was made a party respondent to said petition, and proceedings having been had before the Commissioner in conformity with the section mentioned, the Commissioner rendered judgment that the prayer of the petition be granted, and the tax deeds…
1Opinion of the Court
Martin Cii. J.:
By §101 of act No. 32 of the session of 1858, (S. JO. pp. 186, 189) the Legislature attempted to confer upon Circuit Court Commissioners judicial powers equal to the combined powers of courts of law and of equity. By §16 of Art. 6 of the Constitution, the Legislature could only invest these officers with powers not exceeding those of a Circuit Judge at chambers; and this attempt to clothe them with these superior powers, is in. direct conflict with this constitutional provision.
The judgment of the Circuit Court Commissioner is reversed, with costs.
The other Justices concurred.
2Cited by4 opinions
- Case v. DeanMichigan Supreme Court · 1867
- Miller v. HavensMichigan Supreme Court · 1883
- Rowe v. RoweMichigan Supreme Court · 1873
- Duncan v. County of WayneMichigan Supreme Court · 1947