Legal Opinion · Dissent

Attorney General v. Abbott

Michigan Supreme Court

Decided June 22, 1899Published

Quo warranto proceedings by Horace M. Oren, attorney general, to try the title of Merrie H. Abbott to the office of prosecuting attorney of Ogemaw county.

1DissentMoore, J.

I do not reach the same conclusion in this case as Mr. Justice Long. It is doubtless true the authorities cited by him tend to sustain the conclusion reached by him; but a careful examination of them shows that the question involved here was not directly involved in the cases cited, while reason, as it seems to me, sustained by a very respectable weight of authority, reaches a conclusion more in keeping with the trend of modern thought. The citation made from Cushing is taken from a chapter headed “Legislative Assemblies,” and the learned author is discussing only the question of who may be…

2Cases cited20 opinions

  1. Cummings v. MissouriSupreme Court of the United States · 1867
  2. Belles v. BurrMichigan Supreme Court · 1889
  3. State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
  4. State ex rel. Off v. SmithWisconsin Supreme Court · 1861
  5. Barker v. PeopleNew York Supreme Court · 1824

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