People v. Garlock
Michigan Supreme Court
Case reserved from Allegan Circuit. Defendant was indicted for an assault and battery not charged to have been committed riotously, or upon any public officer in the execution of his duties, or with intent to commit any other offense.
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Case reserved from Allegan Circuit. Defendant was indicted for an assault and battery not charged to have been committed riotously, or upon any public officer in the execution of his duties, or with intent to commit any other offense. The case came on for trial at a Special Term of said Circuit Court, held July 6th, 1858, Hon. F. J. Littlejohn presiding; when counsel for defendant objected that jurisdiction of prosecutions for simple assault and battery having been conferred upon justices of the peace, the common law proceeding by indictment for that offense was thereby abrogated; and the…
1Opinion of the Court
Christiancy J.:
The principal question in this case is, Whether the Circuit Judge of the Ninth Circuit, elected on the first Monday in April last, can enter upon the duties of his ofiice prior to the 1st day of January, 1859.
This question depends upon the construction of the Constitution in reference to circuit judges, and the Act of January 29th, 1858. — S. L. of 1858, pp. 14 to 17.
Section one of this Act is an amendment of section one of the Act of April 8th, 18515 providing for the organization of the Circuit Courts. And this amendment creates two additional circuits, — the Ninth and…
2Cited by2 opinions
- Hunt ex rel. Snow v. BuhrerMichigan Supreme Court · 1903
- In the Interest Of: T.H., a Child (Mother)Court of Appeals of Georgia · 2012