Allport v. Murphy
Michigan Supreme Court
Certiorari to Muskegon; Sessions, J. Mandamus by Jobn C. Allport to compel Patrick Murphy, a justice of the peace, to issue a warrant for the violation of an ordinance. There was an order denying the writ, and relator brings certiorari.
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Certiorari to Muskegon; Sessions, J. Mandamus by Jobn C. Allport to compel Patrick Murphy, a justice of the peace, to issue a warrant for the violation of an ordinance. There was an order denying the writ, and relator brings certiorari. The respondent, justice of the peace and police justice of the city of Muskegon, refused to issue a warrant upon the complaint of relator, charging one Archibald Bryant with violation of an ordinance entitled: ‘ ‘An ordinance relative to hucksters, peddlers, hawkers and street venders.” Relator is license collector for the city and respondent the only judicial…
1Opinion of the CourtOstrander, J.
{after stating the facts). I do not find in the record support for the claim that the warrant was refused and the case presented by collusion of the justice and the city attorney or that the person sought to *490be charged in the warrant which was applied for could, or would, if greater privileges had been extended to him, have presented in the return to the order to show cause any other or different reasons for refusing the warrant. There is precise precedent for the practice pursued, in Chaddock v. Day, 75 Mich. 527 (4 L. R. A. 809). Counsel seem to agree that the question is presented whether…
2Cases cited12 opinions
- Village of Stamford v. . FisherNew York Court of Appeals · 1893
- Brooks v. ManganMichigan Supreme Court · 1891
- Chaddock v. DayMichigan Supreme Court · 1889
- Emmons v. City of LewistownIllinois Supreme Court · 1890
- City of Saginaw v. Saginaw Circuit JudgeMichigan Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown v. StateCourt of Appeals of Maryland · 1939
- Williams v. Civil Service CommissionMichigan Supreme Court · 1970
- Ex parte CaseOregon Supreme Court · 1913
- Jewel Tea Co. v. Board of PharmacyMichigan Supreme Court · 1953
- City of Pomeroy v. RutherfordWashington Supreme Court · 1914