Scott v. Sullivan
Michigan Supreme Court
Foreclosure proceedings by Emmet H. Scott against Thomas G-. Sullivan and others. A motion for rehearing was filed and denied on May 7, 1910. On motion to vacate the order denying a rehearing and on objections to the settlement of a decree because two of five justices who decided the cause had ceased to hold office.
1Opinion of the CourtHooker, J.
I am of the opinion that a majority of the five judges who sat in this case may settle the formal decree whether others than those who sat may participate or not, which we do not decide, and whether the entry of a formal decree is more than a ministerial matter, if essential at all under article 6, § 10, Const. 1850 (article 7, § 7, of the Constitution of 1909), which we need not decide. This court was made a tribunal of eight justices by Act No. 250, Pub. Acts 1903. Previous to that time there were five, of whom three constituted a quorum (1 Comp. Laws, § 185), and two being a majority of…
2Cases cited15 opinions
- George v. Wyandotte Electric Light Co.Michigan Supreme Court · 1895
- Dolph v. NortonMichigan Supreme Court · 1909
- Chase v. BoughtonMichigan Supreme Court · 1893
- Hall v. NesterMichigan Supreme Court · 1899
- In re AngellMichigan Supreme Court · 1902
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3Cited by5 opinions
- Negri v. SlotkinMichigan Supreme Court · 1976
- Keenan v. County of MidlandMichigan Supreme Court · 1966
- Keenan v. County of MidlandMichigan Supreme Court · 1966
- Negri v. SlotkinMichigan Supreme Court · 1976
- Negri v. SlotkinMichigan Supreme Court · 1976