Allor v. Board of Auditors
Michigan Supreme Court
Mandamus. Office is tbe right to exercise a public function or employment, and to take the fees and emoluments belonging to it, both in the case of a salaried office and- of those offices that are compensated by fees where^the receipt of compensation depends" on the exercise of the prerogatives of the office. 2 Bl. Coin. 36; 3 Kent’s Com. 454; Bouvier’s Law Diet, tit. “ Office.” The office of constable is a most ancient one, and existed at the common law.
Read the full summary
Mandamus. Office is tbe right to exercise a public function or employment, and to take the fees and emoluments belonging to it, both in the case of a salaried office and- of those offices that are compensated by fees where^the receipt of compensation depends" on the exercise of the prerogatives of the office. 2 Bl. Coin. 36; 3 Kent’s Com. 454; Bouvier’s Law Diet, tit. “ Office.” The office of constable is a most ancient one, and existed at the common law. Of all the offices known to the common law and still preserved, none, save perhaps that of sheriff, has the “grey antiquity” of that of…
1Opinion of the CourtCampbell, J.
Eelator, who is a constable of the tenth ward of the city of Detroit, presented a bill for services, as such, for allowance by the board of auditors, which they refused to consider. It is admitted by their answer that the bill is correct, if. they have power to audit it. The services performed were in the arrest of parties charged to have committed crimes outside of the city and in Wayne county, partly subject to trial by a justice ancl partly beyond his trial powers, and in one case the respondent was arrested on a charge of bastardy,— he being in the township of Ecorces. The arrests were…
2Cases cited10 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Daniels v. PeopleMichigan Supreme Court · 1859
- In re WayMichigan Supreme Court · 1879
- Drennan v. PeopleMichigan Supreme Court · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Brown v. City of GalvestonTexas Supreme Court · 1903
- Murphy v. YatesCourt of Appeals of Maryland · 1976
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- Beasley v. RidoutCourt of Appeals of Maryland · 1902
- Town of Holyoke v. SmithSupreme Court of Colorado · 1924
51 more not listed; retrieve them via the Exa API.