Streeter v. Paton
Michigan Supreme Court
This action was originally commenced by complaint, under chapter one hundred and fifty of the Compiled Laws, entitled, “ Of proceedings to recover possession of land in certain cases,” before Thomas S. Blackmar, a circuit court commissioner for Wayne county, and against the defendant, as tenant, for holding over the land in question against the covenants of the lease under which he held the same, and after the time for which they were let to him had expired.
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This action was originally commenced by complaint, under chapter one hundred and fifty of the Compiled Laws, entitled, “ Of proceedings to recover possession of land in certain cases,” before Thomas S. Blackmar, a circuit court commissioner for Wayne county, and against the defendant, as tenant, for holding over the land in question against the covenants of the lease under which he held the same, and after the time for which they were let to him had expired. The defendant objected to the jurisdiction of the commissioner under article six of the Constitution, but the objection was overruled;…
1Opinion of the Court
Manning J.:
The first objection is a want of jurisdiction in the circuit court commissioner. There is a statute authorizing him to hear and try the complaint, but it is said the statute, in that particular, is in conflict with the Constitution, and is therefore void.
The following are the only constitutional provisions bearing on the subject: “The judicial power is vested in one Supreme Court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the Legislature in cities.”— Art. 6, §1. By §16 of the same…
2Cases cited1 opinion
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
3Cited by32 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- May v. City of KearneyNebraska Supreme Court · 1945
- Howard v. PatrickMichigan Supreme Court · 1878
- Nichols v. Judge of Superior CourtMichigan Supreme Court · 1902
- Jones v. BillsteinWisconsin Supreme Court · 1871
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