Legal Opinion

People ex rel. White v. Doesburg

Michigan Supreme Court

Decided October 16, 1867PublishedCited by 15 opinions

Quo warranto. The information was filed in this cause to test the right of respondent to the office of clerk of the County of Ottawa. The issue involving a question of fact, to wit; whether some twenty-four votes cast in the township of Spring Lake in said county, and counted for respondent, were legal or illegal, was referred to the Circuit Court for the County of Ottawa for trial.

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Quo warranto. The information was filed in this cause to test the right of respondent to the office of clerk of the County of Ottawa. The issue involving a question of fact, to wit; whether some twenty-four votes cast in the township of Spring Lake in said county, and counted for respondent, were legal or illegal, was referred to the Circuit Court for the County of Ottawa for trial. On the trial of the issue a jury was duly demanded by respondent; but which demand the Circuit Judge refused to grant, on the ground that the case had been referred to the court for trial. It was contended by…

1Opinion of the Court

'The court

held that it was not in its power, and was not intended, to deprive the party of his right to a trial by jury; and that the court below erred in not allowing it. The finding was therefore set aside and a new trial by jury ordered.

2Cited by15 opinions

  1. Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
  2. State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
  3. State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
  4. Gildemeister v. LindsayMichigan Supreme Court · 1920
  5. Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895

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