Gratopp v. Van Eps
Michigan Supreme Court
Mandamus by Frederick Gratopp to compel Arthur E. 'Van Eps, a justice of the peace, to issue an execution. The relator obtained a judgment under one Salisbury, a justice of the peace of the city of Mt. Clemens, in August, 1894. At the spring election of 1895 the respondent was elected the successor of said Salisbury. The city at that time had four justices of the peace, the respondent being elected for a full term. The city of Mt.
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Mandamus by Frederick Gratopp to compel Arthur E. 'Van Eps, a justice of the peace, to issue an execution. The relator obtained a judgment under one Salisbury, a justice of the peace of the city of Mt. Clemens, in August, 1894. At the spring election of 1895 the respondent was elected the successor of said Salisbury. The city at that time had four justices of the peace, the respondent being elected for a full term. The city of Mt. Clemens was reincorported under Act No. 215, Pub. Acts 1895; the reincorporation taking effect January 1, 1896. In the reincorporation only two justices were…
1Opinion of the CourtGrant, J.
(after stating the faots). A justice of the peace is a constitutional officer. The Constitution provides *591that he shall he elected, and shall hold his office for four years, and until his successor is elected and qualified. Const, art. 6, § 1?; Brooks v. Hydorn, 76 Mich. 273. The legislature cannot depi’ive constitutional officers of the powers and duties conferred upon them by the Constitution. Averill v. Perrott, 74 Mich. 296. It appears to be well settled that, where the term of office of a constitutional officer is fixed by the Constitution, the legislature cannot remove him by abolishing…
2Cases cited8 opinions
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- King v. . HunterSupreme Court of North Carolina · 1871
- State ex rel. Gibson v. FriedleyIndiana Supreme Court · 1893
- Brooks v. HydornMichigan Supreme Court · 1889
- Foster v. JonesSupreme Court of Virginia · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Strifling v. BadenMichigan Supreme Court · 1908