Legal Opinion

Fitzsimmons v. Board of Canvassers

Michigan Supreme Court

Decided December 28, 1898PublishedCited by 3 opinions

Certiorari to Wayne; Frazer. Carpenter, and Hosmer, JJ. Mandamus by Thomas W. Fitzsimmons t¿ compel the board of canvassers of the city of Detroit to issue to relator a certificate of election as justice of the peace. An order granting the writ was affirmed in the Supreme Court, on certiorari, December 14, 1898, without the filing of a written opinion.

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Certiorari to Wayne; Frazer. Carpenter, and Hosmer, JJ. Mandamus by Thomas W. Fitzsimmons t¿ compel the board of canvassers of the city of Detroit to issue to relator a certificate of election as justice of the peace. An order granting the writ was affirmed in the Supreme Court, on certiorari, December 14, 1898, without the filing of a written opinion. Subsequently relator applied to the Supreme Court for a contempt order against the board of canvassers, who had disregarded the order of the circuit court, and issued a certificate of election to Fred E. DeGaw.

1Per curiam

The order or judgment brought into this court by certiorari was simply affirmed. The rules adopted after the amendment to the Constitution in 1893 prescribe the method for bringing this class of mandamus cases to this court. The original papers are in the court below. We are of the opinion that the proceeding is still in that court, and that further steps in the case, if necessary, must be initiated there. That court has jurisdiction of the case, and the contempt proceeding must be there instituted.

2Cited by3 opinions

  1. People v. JosephMichigan Supreme Court · 1970
  2. In the Matter of SummervilleMichigan Court of Appeals · 1986
  3. State Ex Rel. Attorney General v. MartinSupreme Court of Oklahoma · 1927