People ex rel. White v. Doesburg
Michigan Supreme Court
Quo Warranto. In this cause certain issues of fact, arising upon the several pleas of the defendant, were referred for trial to the Ottawa Circuit. A trial by jury was had, and a verdict rendered for the relator, and which, with the report of the Circuit Judge, were transmitted to this court for final judgment.
Read the full summary
Quo Warranto. In this cause certain issues of fact, arising upon the several pleas of the defendant, were referred for trial to the Ottawa Circuit. A trial by jury was had, and a verdict rendered for the relator, and which, with the report of the Circuit Judge, were transmitted to this court for final judgment. The following is the report of the Circuit Judge: “The issue of fact, joined in the cause entitled as above, having been sent for a new trial, and by jury, the Circuit Court for the County of Ottawa, by an order of the Supreme Court, dated and tested the 16th day of October, A. D.…
1Opinion of the Court
Campbell J.
The verdict in this case can not be regarded as a general verdict. As a special verdict it contains a finding that three votes belonging to one candidate were suppressed, and as many votes substituted for his opponent. If the pleadings confined the inquiry to this issue, and supplied, what is necessary to make it intelligible and decisive, the want of form would not vitiate the finding. But the pleadings present other questions of fact, rendering it necessary to submit to the jury the inquiry how many votes were cast for each candidate; and while this remains undecided we are not…
2Cited by3 opinions
- Moore v. MooreTexas Supreme Court · 1887
- People ex rel. Keeler v. RobertsonMichigan Supreme Court · 1873
- Cooley v. AshleyMichigan Supreme Court · 1880