Legal Opinion

People ex rel. Anderson v. Byers

Michigan Supreme Court

Decided November 9, 1903No. Docket No. 220PublishedCited by 1 opinion

Error to Van Burén; Carr, J. Quo warranto proceedings by the People of the State of Michigan, on the relation of David Anderson, prosecuting attorney, against Charles W. Byers, to try the title to the office of supervisor of Hamilton township. From a judgment for respondent, relator brings error.

1Opinion of the CourtMontgomery, J.

This is a proceeding by quo warranto to try the title to the office of supervisor of Hamilton township, Van Burén county. The case was presented to the circuit court upon an agreed statement of facts, judgment found for respondent, and. the relator brings error.

The sole question presented is whether a ballot with a cross placed under the party emblem or name, and from which the name of respondent was erased and the name of the candidate appearing on the opposing ticket written in, should be counted for such opposing candidate. The circuit court held that it should not be so counted.

The…

2Cases cited2 opinions

  1. Attorney General ex rel. Scott v. GlaserMichigan Supreme Court · 1894
  2. Armstrong v. PotterMichigan Supreme Court · 1894

3Cited by1 opinion

  1. Jonkman, Ex Rel. Shaw v. StriplinMichigan Supreme Court · 1931

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