Ott v. Brissette
Michigan Supreme Court
Error to Bay; Shepard, J. Quo warranto proceedings by Christian Ott against Peter Brissette to try the title to the office of supervisor of Kawkawlin township. There was judgment of ouster, and respondent brings error. This is an action of quo warranto to test the title to the office of supervisor for the township of Kawkawlin. The facts are stipulated.
Read the full summary
Error to Bay; Shepard, J. Quo warranto proceedings by Christian Ott against Peter Brissette to try the title to the office of supervisor of Kawkawlin township. There was judgment of ouster, and respondent brings error. This is an action of quo warranto to test the title to the office of supervisor for the township of Kawkawlin. The facts are stipulated. Two tickets were named; one known and headed as the “ Kawkawlin Township Ticket,” and the other known and headed as the “ Citizens’ Ticket.” The respondent was candidate for supervisor on the Township ticket; the relator was a candidate for…
1Opinion of the CourtGrant, J.
{after stating the facts). The sole question is whether the 12 votes cast for “0. H. Christian” should be counted for Christian Ott. The name ‘ ‘ Christian Ott” is not idem sonans with “O. H. Christian.” The names are as distinct as two names possibly can be.
It is conceded that under the decisions prior to the adoption of the present quasi Australian ballot system these 12 votes could not be counted for relator. People v. Tisdale, 1 Doug. 59; People v. Higgins, 3 Mich. 233 (61 Am. Dec. 491) ; People v. Cicott, 16 Mich. 283 (97 Am. Dec. 141); People v. McNeal, 63 Mich. 294 (29 N. W. 728);…
2Cases cited5 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Andrews v. Judge of ProbateMichigan Supreme Court · 1889
- People ex rel. Warner Lake v. HigginsMichigan Supreme Court · 1854
- People ex rel. Attorney General v. TisdaleMichigan Supreme Court · 1843
- People ex rel. Tobey v. McNealMichigan Supreme Court · 1886