Legal Opinion

Common Council v. Schmid

Michigan Supreme Court

Decided October 8, 1901PublishedCited by 19 opinions

Certiorari to Wayne; Brooke, Frazer, Donovan, and Hosmer, JJ. Mandamus by the common council of the city of Detroit to compel John A. Schmid, city clerk, and De Witt H. Moreland, commissioner of public works, to take the necessary steps for a city election. From an order denying the writ, relator brings certiorari. Mandamus by Augustus Ruoff and others to compel the common council of the city of Detroit and William C. Maybury, mayor, to order á special election.

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Certiorari to Wayne; Brooke, Frazer, Donovan, and Hosmer, JJ. Mandamus by the common council of the city of Detroit to compel John A. Schmid, city clerk, and De Witt H. Moreland, commissioner of public works, to take the necessary steps for a city election. From an order denying the writ, relator brings certiorari. Mandamus by Augustus Ruoff and others to compel the common council of the city of Detroit and William C. Maybury, mayor, to order á special election. From an order granting the writ, respondents bring certiorari.

1Opinion of the CourtLong, J.

For the purpose of testing the constitutional validity of an act of the legislature of 1901, approved May 21, 1901 (Act No. 437, Local Acts 1901), establishing biennial instead of annual city elections, the common council of the city of Detroit instructed the city clerk to take the necessary steps for the registration of voters for an election to be held on the first Tuesday after the first Monday of November, 1901, and also instructed the commissioner of public works to cause polling booths to be erected for the purpose of such registration and election. The city clerk and commissioner both…

2Cases cited28 opinions

  1. People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
  2. State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
  3. Attorney General v. RiceMichigan Supreme Court · 1887
  4. Davock v. MooreMichigan Supreme Court · 1895
  5. People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873

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3Cited by19 opinions

  1. Kriger v. South Oakland County Mutual Aid PactMichigan Court of Appeals · 1973
  2. Binion, Sheriff v. Oklahoma Gas Electric Co.Supreme Court of Oklahoma · 1910
  3. Surtman v. Secretary of StateMichigan Supreme Court · 1944
  4. State Board of Education v. Commission of FinanceUtah Supreme Court · 1952
  5. Doyle v. Election Commission of DetroitMichigan Supreme Court · 1933

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