Smith v. Kent Circuit Judge
Michigan Supreme Court
Mandamus by Connor H. Smith, county clerk of Kent county, to compel Willis B. Perkins, circuit judge of Kent county, to vacate an order receiving a bank certificate of deposit as security for costs.
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Mandamus by Connor H. Smith, county clerk of Kent county, to compel Willis B. Perkins, circuit judge of Kent county, to vacate an order receiving a bank certificate of deposit as security for costs. In a suit pending in the circuit court for the county of Kent, the respondent, on motion of the defendant, made an order requiring the plaintiff to give security for costs by filing a bond in the sum of $150. Plaintiff, failing to obtain a bond, stipulated in writing with the defendant to deposit $150 in the Grand Bapids National-Bank, obtain a certificate of such deposit, and file the same with…
1Opinion of the CourtGrant, J.
(after stating the facts). The relator insists that he cannot be compelled to receive property of any kind or description, and hold it as a bailee, in lieu of a bond. In other words, he insists that a bond is the only security for costs contemplated by the statute.
The county clerk is a constitutional officer (Const. § 12, art. 6), and is by that section made the clerk of the circuit court of such county. Section 221, 1 Comp. Laws, requires him to attend every term of court; gives him the care of all the records, seals, books, and papers pertaining to the office of the clerk of such court, and…
2Cases cited2 opinions
- Skinner v. LucasMichigan Supreme Court · 1888
- Gifford v. RobertsMichigan Supreme Court · 1900
3Cited by8 opinions
- Wayne Circuit Judges v. Wayne CountyMichigan Supreme Court · 1971
- Lapeer County Clerk v. Lapeer Circuit CourtMichigan Supreme Court · 2003
- State Ex Rel. Harvey v. Second Judicial District CourtNevada Supreme Court · 2001
- Sabbe v. County of WayneMichigan Supreme Court · 1948
- Lapeer County Clerk v. Lapeer Circuit CourtMichigan Supreme Court · 2003
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