People ex rel. Speed v. Hartwell
Michigan Supreme Court
Information in the nature of a quo warranto. The information set forth that, in November, 1861, Thomas McEntee was duly elected city attorney of Detroit, and qualified as such, and entered upon the performance of his duties: that he removed from Detroit and thereby vacated the office on the first day of September, 1863, and by a resolution of the common council, duly approved and published in the official paper of the city, the office was declared vacant: that a general…
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Information in the nature of a quo warranto. The information set forth that, in November, 1861, Thomas McEntee was duly elected city attorney of Detroit, and qualified as such, and entered upon the performance of his duties: that he removed from Detroit and thereby vacated the office on the first day of September, 1863, and by a resolution of the common council, duly approved and published in the official paper of the city, the office was declared vacant: that a general election was held in said city on the third day of November, 1863, at which a large number of votes, to wit: 2800 in number,…
1Opinion of the Court
Manning J.:
The motion to dismiss the information, for the reason that the term of the office which respondent is charged with having usurped has expired since the filing of the information, must be denied. If the only object of the proceedings was to oust the incumbent, there would be great propriety in granting the motion. But the statute under which the information is filed provides for the imposition of a fine, in the discretion of the Court, and the payment of costs by respondent should he be found guilty of the intrusion: — Comp. L. § 5312, 5311. And when the office is claimed by…
2Cases cited3 opinions
- Commonwealth v. AthearnMassachusetts Supreme Judicial Court · 1807
- People v. LoomisNew York Supreme Court · 1832
- People ex rel. Teel v. SweetingNew York Supreme Court · 1807
3Cited by37 opinions
- Countz v. MitchellTexas Supreme Court · 1931
- Michigan Public Service Co. v. City of CheboyganMichigan Supreme Court · 1949
- Hunter v. ChandlerSupreme Court of Missouri · 1870
- State ex rel. Wilson v. BushTennessee Supreme Court · 1918
- Clancy v. WallaceMassachusetts Supreme Judicial Court · 1934
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