People ex rel. Cooley v. Fitz-Gerald
Michigan Supreme Court
Mandamus applied for to compel relator’s reinstatement in the office of alderman from which he had been excluded by action of the common council declaring his opponent elected, and as he claimed without a proper hearing upon the merits.
1Per curiam
The charter of Port Huron in force when this controversy began made the common council the final judges as to the election of its members. It was not contemplated that such questions should be subjected to the delays and formalities of judicial proceedings. No doubt fairness requires that the rights of parties in such cases shall not be disposed of without giving them a chance to be heard, but although the course taken, if the papers are true, was very censurable, we' cannot review it.
Mandamus refused.
2Cited by11 opinions
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- People ex rel. Dafoe v. HarshawMichigan Supreme Court · 1886
- Naumann v. Board of City CanvassersMichigan Supreme Court · 1889
- Simon v. Portland Common CouncilOregon Supreme Court · 1881
- Pittsburgh, Ft. Wayne & Chicago Railway Co. v. GillespieIndiana Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.