Fillmore v. Van Horn
Michigan Supreme Court
Certiorari to Berrien; Coolidge, J. Proceeding by Ransom M. Fillmore against Frank M. Van Horn to compel the delivery of books and papers held, by the latter as secretary of the state board of examiners of barbers. From a judgment for respondent, relator brings certiorari. Relator brings this action under chapter 272, 3 Comp.
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Certiorari to Berrien; Coolidge, J. Proceeding by Ransom M. Fillmore against Frank M. Van Horn to compel the delivery of books and papers held, by the latter as secretary of the state board of examiners of barbers. From a judgment for respondent, relator brings certiorari. Relator brings this action under chapter 272, 3 Comp. Laws, which requires every person, when removed from office, or after the expiration of his term, to deliver over on demand to his successor all books and papers in his custody as such officer. Upon refusal such successor may institute a proceeding before any judge of a…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The act is attacked as not constitutionally passed, because the title was not agreed to by both houses of the legislature, and because the bill was not introduced during the first 50 days of the session. A preliminary question is raised by the attorney general that its constitutionality cannot be attacked in this proceeding; citing Curran v. Norris, 58 Mich. 512 (25 N. W. 500). That was a case where the office existed, and the question was who was entitled to fill it. It was held that the writ of certiorari could not be used to delay the proceedings, “ unless…
2Cases cited7 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Carleton v. PeopleMichigan Supreme Court · 1862
- Eaton v. WalkerMichigan Supreme Court · 1889
- State ex rel. Bailey v. BrookhartSupreme Court of Iowa · 1901
- Curran v. NorrisMichigan Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Highway Commission v. VanderklootMichigan Supreme Court · 1974
- Leininger v. Secretary of StateMichigan Supreme Court · 1947
- State Highway Commission v. VanderklootMichigan Supreme Court · 1974