Legal Opinion

Streeter v. Paton

Michigan Supreme Court

Decided November 3, 1859PublishedCited by 32 opinions

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.

Read the full summary

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

  1. Masterson v. Girard's HeirsSupreme Court of Alabama · 1846

3Cited by32 opinions

  1. Risser v. HoytMichigan Supreme Court · 1884
  2. May v. City of KearneyNebraska Supreme Court · 1945
  3. Howard v. PatrickMichigan Supreme Court · 1878
  4. Nichols v. Judge of Superior CourtMichigan Supreme Court · 1902
  5. Jones v. BillsteinWisconsin Supreme Court · 1871

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API