Legal Opinion
Murtha v. Lindsay
Michigan Supreme Court
Decided June 28, 1915No. Calendar No. 26,845PublishedCited by 14 opinions
Mandamus proceedings by James A. Murtha against Kichard Lindsay, city clerk of the city of Detroit, to compel the respondent to receive a petition of relator as candidate for the office of judge of the recorder’s court of the city of Detroit.
1Opinion of the CourtOstrander, J.
A special election has been called to elect a judge of the recorder’s court in the city of Detroit to fill a vacancy. Relator presented to respondent a petition as candidate for the office. It was refused for the reason that relator is a member of the State legislature and ineligible to the office under article 5, § 7, of the State Constitution, which reads as follows:
“No person elected a member of the legislature shall receive any civil appointment within this State or to the Senate of the United States from the Governor, except notaries public, or from the Governor and Senate, from the…
2Cases cited3 opinions
- Fyfe v. Kent County ClerkMichigan Supreme Court · 1907
- Attorney General ex rel. Danhof v. RenihanMichigan Supreme Court · 1915
- People v. JacksonMichigan Supreme Court · 1860
3Cited by14 opinions
- Young v. Detroit City ClerkMichigan Supreme Court · 1973
- City of Detroit v. Wayne Circuit JudgeMichigan Supreme Court · 1925
- Hart v. Wayne CountyMichigan Supreme Court · 1976
- Smith v. WagnerMichigan Supreme Court · 1926
- Lord v. Genesee Circuit JudgeMichigan Court of Appeals · 1973
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