Legal Opinion · Dissent

Weza v. Auditor General

Michigan Supreme Court

Decided February 27, 1941No. Calendar 41,254Published

1DissentWiest, J.

I concur in granting the writ but do not adopt the reasoning of Mr. Justice McAllister.

Plaintiff was a duly qualified member of the State législature.

“It is the general rule that the title of an incumbent of a public office cannot be collaterally questioned, nor be tried in an action by the incumbent or by any one else for the salary of the office.” North v. City of Battle Creek, 185 Mich. 592.

This case is no exception to that rule.

2Cases cited1 opinion

  1. North v. City of Battle CreekMichigan Supreme Court · 1915