People ex rel. Moore v. Witherell
Michigan Supreme Court
Information in the nature of a quo warranto. At the general election held in the fall of 1864, Hon. B. F. Hyde was elected Recorder for the full term of six years, from and after January next ensuing. In the month of July, 1865, the Common Council by a unanimous vote designated Hon. B. F. H. Witherell, Wayne Circuit Judge, to exercise all the powers and duties of said Recorder until said vacancy be filled.
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Information in the nature of a quo warranto. At the general election held in the fall of 1864, Hon. B. F. Hyde was elected Recorder for the full term of six years, from and after January next ensuing. In the month of July, 1865, the Common Council by a unanimous vote designated Hon. B. F. H. Witherell, Wayne Circuit Judge, to exercise all the powers and duties of said Recorder until said vacancy be filled. No further action was taken by the Council in reference to the vacancy in said office. Since the passage of said resolm tion, Judge Witherell has held the Recorder’s Court and discharged…
1Opinion of the Court
Campbell J.
This is a proceeding on an information in the nature of a Quo Warranto. The relator was, at the recent election held under the charter of the city of Detroit, voted for to fill the vacancy in the office of Recorder of that city, caused by the death of the incumbent, Benjamin F. Hyde. No election was ordered for that purpose by any one. Judge Witherell is acting as Judge of the Recorder’s Court, under section 2, chapter 6 of the charter, which in case of absence, sickness, or vacancy in the office of Recorder, authorizes the Common Council to designate a Circuit Judge to act until…
2Cases cited1 opinion
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
3Cited by7 opinions
- State ex rel. Bates v. ThayerNebraska Supreme Court · 1891
- Secord v. FoutchMichigan Supreme Court · 1880
- Selleck v. Common Council of South NorwalkSupreme Court of Connecticut · 1873
- Yerger v. State ex rel. BrownMississippi Supreme Court · 1907
- State ex rel. Holman v. MurraySupreme Court of Minnesota · 1889
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