Legal Opinion

People ex rel. Hayes v. Bates

Michigan Supreme Court

Decided May 30, 1863PublishedCited by 17 opinions

Quo warranto. The following are the admitted facts in this case: At an election held ha the city of Detroit on the first Tuesday after the first Monday in November, 1862, Michael Hayes and George Bates were opposing candidates for the office of Overseer of Highways in and for the first ward of the city.

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Quo warranto. The following are the admitted facts in this case: At an election held ha the city of Detroit on the first Tuesday after the first Monday in November, 1862, Michael Hayes and George Bates were opposing candidates for the office of Overseer of Highways in and for the first ward of the city. On the same day a general election for state and county officers was held in said ward, and the same polls were used in, and the same inspectors presided over both elections, but there were separate clerks for each election, and two separate and distinct boxes provided at said polls, one for…

1Opinion of the Court

Christiancy J.:

The only question in this case is whether the seven ballots for city officers found in the state and county box, having the name of the respondent upon them, were properly counted for him by the inspectors.

The two elections, though held upon the same day, were in law distinct and independent of each other, as much as if they happened on different days: and it is, in fact, only in each alternate year that they can occur together. But, though thus distinct, and the ballots to be deposited in separate boxes, yet as both were held together under the supervision of the same…

2Cited by17 opinions

  1. Parvin v. WimbergIndiana Supreme Court · 1892
  2. Attorney General Ex Rel. Miller v. MillerMichigan Supreme Court · 1934
  3. People ex rel. Hartwick v. AveryMichigan Supreme Court · 1894
  4. Groesbeck v. Board of State CanvassersMichigan Supreme Court · 1930
  5. Peard v. State ex rel. HueringNebraska Supreme Court · 1892

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