Edison v. Almy

Campbell, 0. J.

This action was brought on a judgment rendered May 16, 1885, by John W. Holcomb, acting as a justice of the peace in Grand Rapids. It is defended on the ground that his office had ceased. Plaintiff claims that he was nevertheless a justice de facto.

On the twenty-sixth of January, 1885, Holcomb was appointed by the common council to fill the vacancy caused *330by the death of Thompson Sinclair. He gave bond for the period up to July 3, and was so entered on the records of the county.

At the spring election of 1885, "William 01. Saunders was elected, and qualified, to fill the same…