Legal Opinion · Concurrence

Attorney General Ex Rel. Cook v. Burhans

Michigan Supreme Court

Decided December 23, 1942No. Docket No. 35, Calendar No. 42,007Published

1ConcurrenceNorth, J.

(concurring,) I concur in the result reached by Mr. Justice Wiest; but to avoid a possible misconstruction of our holding, I think the following should be specifically noted. Defendant while holding the office of State senator sought the nomination and election as a regent of the University of Michigan for a term which began á year before the expiration of defendant’s office as senator. Both offices are State offices and are incompatible. Under the constitutional provisions (art. 5, § 7, art. 11, § 3) and the statute (1 Comp. Laws 1929, § 3350 [Stat. Ann. § 6.693]) cited in my Brother’s…

2Cases cited4 opinions

  1. Fyfe v. Kent County ClerkMichigan Supreme Court · 1907
  2. Murtha v. LindsayMichigan Supreme Court · 1915
  3. People ex rel. Wagenseil v. StephensonMichigan Supreme Court · 1893
  4. People ex rel. Falkenbury v. MilesMichigan Supreme Court · 1852

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