Quay v. Cheboygan Circuit Judge
Michigan Supreme Court
Mandamus by Homer H. Quay, prosecuting attorney, to compel Frank Shepherd, circuit judge of Cheboygan county, to vacate an order denying an order to show cause.
1Opinion of the CourtMoore, J.
Prior to July 34, 1907, one Walter Down was engaged in the retail liquor business in Cheboygan county. A complaint was made against him and presented to David H. Crowley, a justice of the peace, who declined to issue a warrant, for the reason that Mr. Down had filed a liquor bond with a surety company as surety, duly approved, according to the provisions of an act, entitled “An act relative to regulation of the liquor traffic,” etc., approved May 1, 1907. (Act No. 507, Local Acts 1907.)
It was the claim of the prosecuting attorney that said act was unconstitutional, and he applied to the judge…
2Cases cited2 opinions
- Sherlock v. StuartMichigan Supreme Court · 1893
- Johnson v. Common CouncilMichigan Supreme Court · 1906
3Cited by2 opinions
- Fitzpatrick v. Liquor Control CommissionMichigan Supreme Court · 1946
- Hicks v. Board of TrusteesMichigan Supreme Court · 1908