Legal Opinion · Dissent

Burton v. Koch

Michigan Supreme Court

Decided February 10, 1915No. Calendar Nos. 26,456, 26,457, 26,458, 26,459, and 26,460Published

Certiorari to Wayne; Van Zile, J. Mandamus by Clarence M. Burton against Max C. Koch, treasurer of the city of Detroit, and others, to require the respondents to provide necessary ballots to submit to the electors of the city of Detroit the question whether Act No. 251, Pub.

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Certiorari to Wayne; Van Zile, J. Mandamus by Clarence M. Burton against Max C. Koch, treasurer of the city of Detroit, and others, to require the respondents to provide necessary ballots to submit to the electors of the city of Detroit the question whether Act No. 251, Pub. Acts 1913, creating a school board of seven members for certain municipalities should be adopted: same by Laura F. Osborn, Frederick H. Holt, Clara W. Ingersoll, and by said Burton against Richard Lindsay, and other city' officials, constituting the members of the board of registration in said city of Detroit, to enforce…

1DissentBrooke, C. J.

In each of the foregoing matters .the petitioner sought and obtained in the circuit court a writ of mandamus compelling the respondents in each case to perform an alleged duty affecting the election to be held in the city of Detroit on the 3d of November, 1914. Though brought by different persons and calling for the performance of different acts by the various respondents, the rights asserted by the various petitioners are based upon two legislative enactments, the constitutionality of which is questioned by the respondents in the several proceedings. By order of the court the five cases were…

2Cases cited6 opinions

  1. Belles v. BurrMichigan Supreme Court · 1889
  2. State ex rel. Cornish v. TuttleWisconsin Supreme Court · 1881
  3. Coffin v. Board of Election CommissionersMichigan Supreme Court · 1893
  4. Burdick v. Harbor Springs Lumber Co.Michigan Supreme Court · 1911
  5. Rutledge v. Board of SupervisorsMichigan Supreme Court · 1910

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