Legal Opinion

Wilkinson v. Common Council

Michigan Supreme Court

Decided February 18, 1897PublishedCited by 5 opinions

Certiorari to Saginaw; Kendrick, J. Mandamus by John C. Wilkinson to compel the common council of the city of Saginaw to audit and allow his claim for salary as a police officer. From an order denying the writ, relator brings certiorari.

1Opinion of the CourtMontgomery, J.

Relator was removed from the police force of ’the city of Saginaw December 15, 1894. Subsequently proceedings were instituted by which he was reinstated. Wilkinson v. Saginaw Police Com’rs, 107 Mich. 394. He thereupon made an application to the *586circuit court for mandamus to require the common council to audit and pay his account for salary up to the present time. It was held, on his application for reinstatement, that the board had the power to remove summarily, but that it had not proceeded under that power. The return made to the circuit court shows that relator has not performed the…

2Cases cited2 opinions

  1. Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
  2. Wilkinson v. Board of Police CommissionersMichigan Supreme Court · 1895

3Cited by5 opinions

  1. Peterson v. City of ButteMontana Supreme Court · 1912
  2. Newberry v. SmithMichigan Supreme Court · 1909
  3. Hawkins v. Bay CityMichigan Supreme Court · 1907
  4. Solomon v. Highland Park Civil Service CommissionMichigan Court of Appeals · 1975
  5. Solomon v. Highland Park Civil Service CommissionMichigan Court of Appeals · 1975

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