People ex rel. Benoit v. Miller
Michigan Supreme Court
Quo warranto. The iuformation in this case was filed to test the right of defendant to the office of Treasurer for Wayne County. But a single question is presented by the pleadings, viz., Whether the relator was obliged to offer to file his official bond and oath — the defendant' claiming to hold the office by virtue of a certificate of election, and refusing to vacate the same.
1Opinion of the Court
Christiancy J.
By the rejoinders the respondent has placed his own, as well as the relator’s rights to the office upon the single fact, that the relator did not offer to file his bond and take the oath of office. And this fact being admitted by the demurrer, presents the single question, whether under the facts alleged and admitted by these pleadings (the 4th and 5th pleas, the replications and rejoinders), the relator was bound to offer his bond or to take the oath of office in order to negative the respondent’s right to the office or to establish his own.
By his pleas, the respondent had…
2Cases cited1 opinion
- People ex rel. Finnegan v. MaywormMichigan Supreme Court · 1858
3Cited by18 opinions
- Harrison v. StroudCourt of Appeals of Kentucky · 1908
- Moulton v. ReidSupreme Court of Alabama · 1875
- Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- Heyward v. LongSupreme Court of South Carolina · 1935
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