Smedley v. Kirby
Michigan Supreme Court
Certiorari to Ottawa; Padgham, J. Mandamus by Charles O. Smedley to compel Thomas E. Kirby, clerk of the city of Grand Haven, to draw a warrant on the city treasurer for an amount due relator for legal services. From an order denying the writ, relator brings certiorari.
1Opinion of the CourtHooker, J.
In June, 1898, the common council of the city of Grand Haven passed' a resolution to transfer from the contingent fund of said city in the hands of its treasurer, and to divide between and add to several other city funds, the sum of $7,000. The mayor, Baar, attempted to veto the resolution, but the clerk, Kirby, refused to file it, and the mayor employed Smedley to institute mandamus proceedings to compel it. This was done, and they were successful. The case reached this court, and will be found reported in Baar v. Kirby, 118 Mich. 392. A similar proceeding was commenced against the council,…
2Cases cited2 opinions
- Taylor v. Commissioners of HighwaysIllinois Supreme Court · 1878
- Baar v. KirbyMichigan Supreme Court · 1898
3Cited by7 opinions
- Smith v. HubbellMichigan Supreme Court · 1906
- Smedley v. City of Grand HavenMichigan Supreme Court · 1900
- Tulsa Torpedo Co. v. KennedySupreme Court of Oklahoma · 1928
- State ex rel. Finlayson v. GormanSupreme Court of Minnesota · 1912
- Sullivan v. Board of SupervisorsSupreme Court of Iowa · 1922
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