Legal Opinion

Attorney General ex rel. Zacharias v. Board of Education

Michigan Supreme Court

Decided November 30, 1908No. Docket No. 56PublishedCited by 32 opinions

Appeal from Wayne; Hosmer, Murphy, Rohnert, and Donovan, JJ. Bill by John E. Bird, attorney general, on the relation of Allen H. Zacharias and others, to enjoin the board of education of the city of Detroit and Frank E. Doremus, controller, from paying an increase of. salary. From a decree sustaining a demurrer to the bill, complainant appeals.

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Appeal from Wayne; Hosmer, Murphy, Rohnert, and Donovan, JJ. Bill by John E. Bird, attorney general, on the relation of Allen H. Zacharias and others, to enjoin the board of education of the city of Detroit and Frank E. Doremus, controller, from paying an increase of. salary. From a decree sustaining a demurrer to the bill, complainant appeals. Section 7, Act No. 392, Local Acts 1903, reads as follows: “The said board shall, at the first regular meeting in July after the passage of this act, and on the first regular meeting in July of every third year thereafter, appoint a suitable person as…

1Opinion of the CourtGrant, C. J.

(after stating the facts). It will be observed that both the original and the- amended section relate exclusively to the office of superintendent of schools, except that they also authorize the appointment of a secretary who may be the superintendent. The amended act amends the old act only in providing for the election of a new superintendent in 1909, at the termination of the term of the then superintendent. It does not in terms, and was not intended to, affect the term of office or the conditions under which the then incumbent was holding. I think that clause of the amended act reading: “…

2Cases cited4 opinions

  1. Belles v. BurrMichigan Supreme Court · 1889
  2. Hunt ex rel. Snow v. BuhrerMichigan Supreme Court · 1903
  3. Perrin v. KelloggMichigan Supreme Court · 1877
  4. Hudson v. Attorney GeneralMichigan Supreme Court · 1907

3Cited by32 opinions

  1. Milliken v. BradleySupreme Court of the United States · 1974
  2. Melia v. Employment Security CommissionMichigan Supreme Court · 1956
  3. Bradley v. MillikenCourt of Appeals for the Sixth Circuit · 1973
  4. Wyandotte Savings Bank v. State Banking CommissionerMichigan Supreme Court · 1956
  5. MacQueen v. City CommissionMichigan Supreme Court · 1916

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