Bishop v. Lambert
Michigan Supreme Court
Certiorari to Wayne; Carpenter, J. Mandamus by William W. Bishop and others, aider-men of the city of Wyandotte, to compel Walter C. Lambert, mayor of said city and ex officio president of the common council, to rescind his ruling in declaring a certain motion carried. From an order denying the writ, re- lators bring certiorari. The relators are aldermen, and the respondent is mayor, of Wyandotte, which is a city of the fourth class.
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Certiorari to Wayne; Carpenter, J. Mandamus by William W. Bishop and others, aider-men of the city of Wyandotte, to compel Walter C. Lambert, mayor of said city and ex officio president of the common council, to rescind his ruling in declaring a certain motion carried. From an order denying the writ, re- lators bring certiorari. The relators are aldermen, and the respondent is mayor, of Wyandotte, which is a city of the fourth class. The return shows that on May 3, 1897, all of the six aldermen and the respondent were present at a meeting of the common council, when it was moved “that we…
1Opinion of the CourtHooker, J.
(after stating the facts). The principal questions in the case are:
1. Was a vote of two-thirds of the aldermen necessary to the employment of these firemen ?
2. If not, was a vote of a majority of the aldermen elect, exclusive of the mayor, essential to such employment?
*112This action is shown to have been taken with a view to the performance of police duty by these firemen, in addition to their duties as firemen, as a measure of economy. The contention that an affirmative vote by two-thirds of the aldermen elect was necessary is based upon section 7, chap. 8, Act No. 215,-Pub. Acts 1895, which…
2Cases cited2 opinions
- Tennant v. CrockerMichigan Supreme Court · 1891
- Fournier v. Mayor of West Bay CityMichigan Supreme Court · 1893
3Cited by10 opinions
- Attorney General ex rel. Barnes v. Board of SupervisorsMichigan Supreme Court · 1914
- American LaFrance & Foamite Industries, Inc. v. Village of CliffordMichigan Supreme Court · 1934
- State Ex Rel. Mulvoy v. MillerSupreme Court of Missouri · 1926
- Hatch v. Maple Valley TownshipMichigan Supreme Court · 1945
- McCarthy v. Village of MarcellusMichigan Court of Appeals · 1971
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