Legal Opinion

Germaine v. Governor

Michigan Supreme Court

Decided July 18, 1913No. Calendar No. 25,698PublishedCited by 9 opinions

On motion to quash a writ of certiorari issued at the petition of William D. C. Germaine against Wood-bridge N. Ferris, governor of the State of Michigan, to review proceedings wherein petitioner was removed from the office of mayor of Traverse City.

1Opinion of the CourtKuhn, J.

This is a motion to enter an order quashing a writ of certiorari heretofore issued by this court. The reasons urged in support of the motion are as follows:

*586“(1) That this court has no jurisdiction to review, by writ of certiorari directed to the governor, any action of the governor in the discharge of his official duties under the Constitution and laws of the State.
“(2) That under the Constitution and laws of the State of Michigan the executive and judicial branches of the State are co-ordinate, and that the action of the executive department of the State government is not subject to review…

2Cases cited14 opinions

  1. People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
  2. Dullam v. WillsonMichigan Supreme Court · 1884
  3. People ex rel. Billings v. BissellIllinois Supreme Court · 1857
  4. Appeal of HartranftSupreme Court of Pennsylvania · 1877
  5. People ex rel. Ayres v. Board of State AuditorsMichigan Supreme Court · 1880

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3Cited by9 opinions

  1. Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
  2. Rutledge v. Ingham County SheriffMichigan Court of Appeals · 1970
  3. Musselman v. Governor of MichiganMichigan Court of Appeals · 1993
  4. In re RAYMichigan Supreme Court · 1921
  5. Alabama v. EnglerCourt of Appeals for the Sixth Circuit · 1996

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