Attorney General ex rel. McCall v. Kirby
Michigan Supreme Court
Error to Gratiot; Daboll, J. Quo warranto by Horace M. Oren, attorney general, on the relation of Archie McCall, against Julius B. Kirby, to determine the title to the office of prosecuting attorney for the county of Gratiot. From a judgment for respondent, relator brings error. The relator and respondent were candidates for the office of prosecuting attorney at the election held on November 8, 1898, in the county of Gratiot.
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Error to Gratiot; Daboll, J. Quo warranto by Horace M. Oren, attorney general, on the relation of Archie McCall, against Julius B. Kirby, to determine the title to the office of prosecuting attorney for the county of Gratiot. From a judgment for respondent, relator brings error. The relator and respondent were candidates for the office of prosecuting attorney at the election held on November 8, 1898, in the county of Gratiot. The county board of canvassers returned that relator received 2,991 votes and the respondent 3,014. This is an information in the nature of a quo warranto to test the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Manifestly, the election law was wholly ignored in the appointment of Mr. Kerr, in intrusting the ballots to him, and permitting him to have free access to the electors after they had passed into the voting‘precinct, and into the booths themselves. It is urged that the inspectors of election acted in good faith, and supposed they had the right to appoint a man as an instructor of election. It is difficult to understand how intelligent men should reach this conclusion. The law makes no such provision, but makes it the clear duty of one inspector to keep possession of…
2Cases cited2 opinions
- Attorney General ex rel. Seavitt v. McQuadeMichigan Supreme Court · 1892
- Attorney General ex rel. Harwood v. StillsonMichigan Supreme Court · 1896
3Cited by7 opinions
- Miles ex rel. Kamferbeek v. FortneyMichigan Supreme Court · 1923
- State v. RichardsSupreme Court of Delaware · 1949
- Hallanan v. HagerWest Virginia Supreme Court · 1926
- Rampendahl v. CrumpSupreme Court of Oklahoma · 1909
- Incorporated Town of Ryan v. Town of WaurikaSupreme Court of Oklahoma · 1911
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