Legal Opinion

Stebbins v. Judge of Superior Court

Michigan Supreme Court

Decided March 24, 1896PublishedCited by 18 opinions

Mandamus by Charles D. Stebbins, mayor, and others, to compel Edwin A. Burlingame, judge of the superior court of Grand Rapids, to vacate a temporary injunction restraining the issuance of bonds for the purchase of a city market.

Read the full summary

Mandamus by Charles D. Stebbins, mayor, and others, to compel Edwin A. Burlingame, judge of the superior court of Grand Rapids, to vacate a temporary injunction restraining the issuance of bonds for the purchase of a city market. By the charter of the city of Grand Rapids, the municipality is authorized to purchase, among other things, a city market, and to issue bonds therefor, under the limitation contained in the following provision: “Nothing in this act contained shall be so construed as to authorize the incurring of any bonded indebtedness against said city of Grand Rapids for any of the…

1Opinion of the CourtQ-rant, J.

(after stating the facts). On account of the public necessity for a speedy determination of the question, we decided to hear it upon this proceeding. It is contended on behalf of the city that a majority of the votes cast upon the question of bonding controls; while on the part of the respondent it is contended that the majority of all the votes cast at the election must control.

The authorities are very numerous, and are not in harmony. An examination of them will show that the phraseology of the constitutional and statutory provisions in the various decisions differs, and the courts have had…

2Cases cited15 opinions

  1. Carroll County v. SmithSupreme Court of the United States · 1884
  2. People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
  3. State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
  4. Gillespie v. PalmerWisconsin Supreme Court · 1866
  5. State v. EcholsSupreme Court of Kansas · 1889

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State ex rel. McClurg v. PowellMississippi Supreme Court · 1900
  2. Grand Traverse County v. StateMichigan Supreme Court · 1995
  3. In re DennyIndiana Supreme Court · 1901
  4. People v. Board of State CanvassersMichigan Supreme Court · 1949
  5. Ladd v. YettCourt of Appeals of Texas · 1925

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API