Legal Opinion · Concurrence

Attorney General v. Abbott

Michigan Supreme Court

Decided June 22, 1899Published

Quo warranto proceedings by Horace M. Oren, attorney general, to try the title of Merrie H. Abbott to the office of prosecuting attorney of Ogemaw county.

1ConcurrenceHooker, J.

The record in this case raises the question of the eligibility of a married woman to the office of prosecuting attorney. The respondent, having received a plurality of the votes cast for that office in her county at the election held in November, 1898, and entered upon the discharge of its duties, -responds to a writ questioning her right thereto.

The Constitution does not state who shall be eligible to this office. Therefore it may reasonably be 'said that any person may hold it who was qualified under the laws as they existed when the Constitution was adopted, such laws being continued in…

2Cases cited17 opinions

  1. People ex. rel. Hughes v. MayMichigan Supreme Court · 1855
  2. State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
  3. Robinson's CaseMassachusetts Supreme Judicial Court · 1881
  4. Wright v. NoellSupreme Court of Kansas · 1876
  5. State ex rel. Crow v. HostetterSupreme Court of Missouri · 1897

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