Doran v. DeLong
Michigan Supreme Court
Mandamus to compel tbe mayor of Muskegon and certain members of the common council to vacate a resolution whereby relator’s seat in the council had been declared vacant, and to require the respondents to treat relator as entitled to it. The charter of Muskegon provides that “ the common council shall be judges of the election, and the qualification of its own members, and shall have the power to determine contested elections.”
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Mandamus to compel tbe mayor of Muskegon and certain members of the common council to vacate a resolution whereby relator’s seat in the council had been declared vacant, and to require the respondents to treat relator as entitled to it. The charter of Muskegon provides that “ the common council shall be judges of the election, and the qualification of its own members, and shall have the power to determine contested elections.” Section 33. And the mayor and other respondents, at a special meeting of which notice was not given to relator, declared the latter’s seat vacant' on the ground that he…
1Opinion of the CourtGraves, C. J.
The petitioner was regularly admitted to the office, and was an alderman defacto.
The respondents ejected him and now offer to justify it: 1st, on the ground that he lacked legal capacity to take the office; and 2d, on the ground that he subsequently disqualified himself by removing from the ward.
The legislative authority to try relator’s capacity to receive the office expired with the council that acknowledged his capacity and received him, and whatever as matter of fact’ and law may be true in regard to his having disqualified himself by removal from the ward, the question was not triable by…
2Cases cited2 opinions
- People ex rel. Cooley v. Fitz-GeraldMichigan Supreme Court · 1879
- Cooley v. AshleyMichigan Supreme Court · 1880
3Cited by7 opinions
- Gildemeister v. LindsayMichigan Supreme Court · 1920
- Frey v. MichieMichigan Supreme Court · 1888
- People ex rel. Dafoe v. HarshawMichigan Supreme Court · 1886
- Carpenter v. ClarkMichigan Supreme Court · 1921
- Crossman v. HansonMichigan Court of Appeals · 1966
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