People ex rel. Metevier v. Therrien
Michigan Supreme Court
Quo warranto. Information in nature of quo warranto to test the legality of the removal of the relator from the office of sheriff by the Governor, and' to oust the respondent, who was under-sheriff, and is acting as sheriff. The facts are stated in the opinion.
1Opinion of the CourtMorse, J.
This is a quo warranto proceeding to test the legality of a removal by the Governor.
The relator was duly elected sheriff of Mackinac county in the fall of 1888, and duly qualified; his term commencing January 1, 1889. The respondent held the office of under-sheriff, under and by appointment from relator. August 26, 1889, the Governor removed the relator from his office, and said under-sheriff is now acting as sheriff.
I think the Governor never acquired any jurisdiction in the premises, and that the removal was therefore unauthorized and unlawful. The Governor has no power to remove elective…
2Cases cited1 opinion
- People ex rel. Clay v. StuartMichigan Supreme Court · 1889
3Cited by24 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- State ex rel. Barker v. MeekSupreme Court of Iowa · 1910
- People, Ex Rel. Johnson v. CoffeyMichigan Supreme Court · 1926
- In Re ServaasMichigan Supreme Court · 2009
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