City of Berkley v. Holmes

Plaintiff is a home rule city incorporated pursuant to MCLA § 117.1 et seq. (Stat Ann 1970 Cum Supp § 5.2071 et seq.). Defendant served as the municipal judge of the City of Berkley from January 20, 1966 to April 17, 1967, during which time he was paid a salary by plaintiff. In addition to his salary, defendant received and retained $1,538.90, paid to his court by the Oakland County Treasurer for the processing of criminal cases which arose under state law. Plaintiff filed suit to recover these monies, claiming them to be wrongfully retained by defendant.

There has been a plethora of motions…