Legal Opinion

Wilson v. Newton

Michigan Supreme Court

Decided October 6, 1891PublishedCited by 13 opinions

Mandamus. Eelator applied for mandamus to compel respondent to quash a writ of attachment. The facts are stated in the opinion.

1Opinion of the CourtChamplin, C. J.

This hearing is upon an order requiring respondent to show cause why he should not quash a writ of attachment, referred to in the affidavit of the relator, for the reason that said pretended writ is void, in that it was prepared, issued, and signed by one Marguerite E. Burr, a deputy county clerk; that said Marguerite E. Burr is a woman, and, being so, cannot, under the Constitution and laws of the State of Michigan, hold the office of deputy county clerk, or perform any of the duties of that office.

Article 10, section 3, of the Constitution provides that in each organized county there shall…

2Cases cited1 opinion

  1. Jeffries v. HarringtonSupreme Court of Colorado · 1887

3Cited by13 opinions

  1. State v. PhelpsSouth Dakota Supreme Court · 1894
  2. Sabbe v. County of WayneMichigan Supreme Court · 1948
  3. State v. Chaves de ArmijoNew Mexico Supreme Court · 1914
  4. Attorney General v. AbbottMichigan Supreme Court · 1899
  5. Dubois v. Riley Township BoardMichigan Supreme Court · 1901

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