Legal Opinion

People ex rel. Gale v. Supervisor of Onondaga

Michigan Supreme Court

Decided November 2, 1867PublishedCited by 24 opinions

Mandamus against the supervisor of Onondaga, Ingham County. The petition set forth that “on the 19th of September, 1864, at an informal meeting of citizens and tax payers of said township, it was determined to raise by tax the sum of two thousand dollars, as bounty money, for the purpose of filling the quota of soldiers for that town. 'That said meeting being informal, and it being necessary to ratify the proceedings by the proper township authorities, it was determined to…

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Mandamus against the supervisor of Onondaga, Ingham County. The petition set forth that “on the 19th of September, 1864, at an informal meeting of citizens and tax payers of said township, it was determined to raise by tax the sum of two thousand dollars, as bounty money, for the purpose of filling the quota of soldiers for that town. 'That said meeting being informal, and it being necessary to ratify the proceedings by the proper township authorities, it was determined to raise said money by a temporary loan, and for that purpose a promissory note was drawn up and signed by said relator and…

1Opinion of the Court

Cooley J.

I am not prepared to say that an act of the Legislature can be valid which, as engrossed for the signature of the Governor, would be void if passed by the Legislature in that form. A law must have the concurrence of the three

branches of the legislative department; and if it differs in an essential particular when presented to the Governor for his signature from the bill passed by the two houses, there is difficulty in saying that it has been concurred in by all.— Prescott v. Trustees Illinois and Michigan Canal, 19 Ill. 324. And under our constitution the title is not only important,…

2Cases cited2 opinions

  1. Green v. GravesMichigan Supreme Court · 1844
  2. Prescott v. Board of TrusteesIllinois Supreme Court · 1857

3Cited by24 opinions

  1. Harper v. StateSupreme Court of Alabama · 1895
  2. McSurely v. McGrewSupreme Court of Iowa · 1908
  3. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
  4. Ho Ah Kow v. NunanU.S. Circuit Court for the District of California · 1879
  5. State ex rel. Attorney-General v. GreenSupreme Court of Florida · 1895

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