People ex rel. Fennell v. Common Council
Michigan Supreme Court
Application for mandamus. cited: Constitution, Art. XML, § 12, and referred to the several sections of the charter of Bay City hearing upon the question, and argued that the moneys in question are fines: See 2 Born. Die., 526; Webster’s Die.; that the offenses for which they are imposed are violations of penal laws and are many of them crimes under the state laws: Comp.
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Application for mandamus. cited: Constitution, Art. XML, § 12, and referred to the several sections of the charter of Bay City hearing upon the question, and argued that the moneys in question are fines: See 2 Born. Die., 526; Webster’s Die.; that the offenses for which they are imposed are violations of penal laws and are many of them crimes under the state laws: Comp. L. 1871, §§ 1960, 8175, 7700, 2138; Laws of 1875, p. 281, § 2; that the procedure by which the punishment is inflicted is after the analogy of criminal cases, and so is the character of the punishment, by fine and…
1Opinion of the Court
Campbell, J:
The relator, who prosecutes as county treasurer of Bay county, asks a mandamus to compel the city authorities to pay over such funds as have been paid into their treasury upon fines collected for violations of city by-laws, on prosecutions before the recorder. The ordinances under which these fines were collected were all passed to punish various kinds of disorderly persons and conduct, most of which were to some extent also placed under condemnation of some 'kind by state law, and some of which are punished more or '.less severely by statute. In one instance the statutory…
2Cases cited2 opinions
- People ex rel. Mixer v. Board of SupervisorsMichigan Supreme Court · 1873
- People ex. rel. Treasurer v. Controller of City of DetroitMichigan Supreme Court · 1869
3Cited by12 opinions
- Wikman v. City of NoviMichigan Supreme Court · 1982
- In re WayMichigan Supreme Court · 1879
- Maner v. DykesSupreme Court of Georgia · 1936
- Robison v. Wayne Circuit JudgesMichigan Supreme Court · 1908
- Delta County v. City of GladstoneMichigan Supreme Court · 1943
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