Legal Opinion

Phillips v. Attorney General

Michigan Supreme Court

Decided December 20, 1911No. Calendar No. 24,821Published

Mandamus by Edward A. Phillips against Franz C. Kuhn, attorney general, to require respondent to sign an information in the nature a quo warranto and authorize the filing thereof for the purpose of determining relator’s title to office as member of the board of control of the Michigan reformatory at Ionia.

1Opinion of the CourtMcAlvay, J.

The principal question in this case involves the construction of section 2081,1 Comp. Laws, and has been passed upon in the case of People, ex rel. Attorney General, v. Haggerty, ante, 682 (133 N. W. 828), and that case is therefore controlling and decisive of this one. These cases were under consideration by the attorney general during the same period, upon inquiries from the governor relative to these recess appointments, and he officially had advised the executive department contrary to the contention of relator in the instant case prior to the appointment of Mr. Parker, whose title to…

2Cases cited1 opinion

  1. People ex rel. Attorney General v. HaggertyMichigan Supreme Court · 1911

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