Legal Opinion · Concurrence

Weza v. Auditor General

Michigan Supreme Court

Decided February 27, 1941No. Calendar 41,254Published

1ConcurrenceBoyles, J.

The case cited by Mr. Justice McAllister (Lodge v. Wayne County Clerk, 155 Mich. 426) is not authority for the proposition that the offices of county school commissioner and member of the State legislature are not incompatible. That case merely holds that a member of the legislature was not thereby disqualified from becoming a candidate for a county office (in that case, Wayne county auditor). However, that case does not hold that a member of the legislature who is nominated and elected to a county office can there after hold both offices. On the contrary, it is there held that:

“The effect of…

2Cases cited5 opinions

  1. Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
  2. Attorney General ex rel. Dust v. OakmanMichigan Supreme Court · 1901
  3. Lodge v. Wayne County ClerkMichigan Supreme Court · 1909
  4. People ex rel. Attorney General v. HowlettMichigan Supreme Court · 1892
  5. Tedrow v. McNaryMichigan Supreme Court · 1935

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