Legal Opinion

People ex rel. Dean v. Board of Registration

Michigan Supreme Court

Decided November 9, 1866PublishedCited by 2 opinions

Petition for mandamus. This was a petition for an order that respondents show cause why a writ of mandamus should not issue to compel them to register the name of the relator as a legal elector of said township, upon his showing to them, in the manner required by law, his right to such registration.

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Petition for mandamus. This was a petition for an order that respondents show cause why a writ of mandamus should not issue to compel them to register the name of the relator as a legal elector of said township, upon his showing to them, in the manner required by law, his right to such registration. The petition of Dean set forth that he was a citizen of the State of Michigan, and a resident of the township of Nankin, Wayne county, in which place he had resided for nine months, and in the state ten years, and that he was thirty years of age; that he was a white person, and a legal elector…

1Opinion of the Court

By the Court.

It was the duty of the respondents, when the relator offered to be sworn to his qualifications, to examine him on oath; and while they would not be absolutely bound *159by liis statements, they had no right to reject him on mere inspection. A failure on their part to perform their duty would not, however, entitle the relator to be registered; and the return now made would seem to propose an issue of fact upon his qualification. If the respondents still think the relator not qualified, within the decision of this '.court in People v. Dean, we will direct an issue of fact to be sent…

2Cited by2 opinions

  1. Township of Roscommon v. Board of SupervisorsMichigan Supreme Court · 1882
  2. People ex rel. Green v. Highway CommissionersCircuit Court of the 15th Circuit of Michigan · 1871

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