People ex rel. Throop v. Langdon
Michigan Supreme Court
Information in. the nature of quo warranto, alleging that Langdon was an intruder into the office of chief clerk in the assessor’s office of Detroit, to' which the relator Throop had been appointed by the common council January 22, 1879. Four pleas were filed in bar of the information, and to each plea a replication was filed, and the second, third and fourth replications were demurred to, the first being merely a joinder in issue on the first plea, which alleged that the…
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Information in. the nature of quo warranto, alleging that Langdon was an intruder into the office of chief clerk in the assessor’s office of Detroit, to' which the relator Throop had been appointed by the common council January 22, 1879. Four pleas were filed in bar of the information, and to each plea a replication was filed, and the second, third and fourth replications were demurred to, the first being merely a joinder in issue on the first plea, which alleged that the common council of Detroit had never, by resolution „or otherwise, created the office of .chief clerk of the assessor’s…
1Opinion of the CourtCooley, J.
If the position of chief clerk in the office of the assessor of the city of Detroit is not an office it is conceded that this proceeding cannot be supported. We are an of opinion that it is not.
An office is a special trust or charge created by competent authority. If not merely honorary, certain duties will be connected with it, the performance of which will be the consideration for its being conferred upon a particular individual, who for the time will be the officer. The officer is distinguished from the employee in the greater importance, dignity and independence of his position ; in being…
2Cited by73 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- Daily Leader v. Cameron, AuditorSupreme Court of Oklahoma · 1895
- Coulter v. PoolCalifornia Supreme Court · 1921
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
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