People v. Jackson
Michigan Supreme Court
The defendant Avas convicted in the Recorder’s Court of Detroit, on a complaint under an ordinance of said city, for obstructing a public alley. On motion being made for a new trial, based upon certain exceptions taken to the rulings of the court, the Recorder reserved the questions arising on such motion for the opinion of this court.
1Opinion of the Court
The Chibe Justice :
Although the Recorder of Detroit may have power to reserve for our opinion questions which arise upon the trial of offenses against the general laws of the state, he has none to reserve such as arise upon the trial of complaints for the breach of city ordinances.
In the last instance, he acts in the capacity of a municipal officer simply, and in the enforcement of laws of which we can not take judicial cognizance; while in the first instance he acts under general laws, and exercises the power of a Circuit Judge. It is only then, when he acts in this latter capacity, that he…
2Cited by11 opinions
- People v. QuiderMichigan Supreme Court · 1912
- Young v. Detroit City ClerkMichigan Supreme Court · 1973
- Swift v. Judges of the Circuit CourtMichigan Supreme Court · 1887
- Murtha v. LindsayMichigan Supreme Court · 1915
- Oklahoma City v. TuckerCourt of Criminal Appeals of Oklahoma · 1915
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