Wilson v. Cleveland
Michigan Supreme Court
Certiorari to Kalamazoo; Knappen, J. Mandamus by John "W. Wilson, president of the village of Climax, to compel George Cleveland and others, members of said village council, to perform their official duties. An order granting the writ is reviewed by respondents on writ of certiorari.
1ConcurrenceGrant, J.
I concur in the result reached by my Brother Brooke in this case, for the sole reason that the power to control and compel the attendance of members of deliberative and legislative bodies and their officers is lodged in those bodies and not in the courts. In the *513present case it appears that this power is by the municipal charter lodged in the common council. This is not a case of an officer, municipal or other, upon whom is expressly imposed the duty to enforce legislative enactments. There may be many cases where a minority of a legislative body may feel justified in preventing a quorum by…
2Cases cited2 opinions
- People ex rel. Fitzgerald v. WhippleMichigan Supreme Court · 1879
- People ex rel. Cady v. IhnkenMichigan Supreme Court · 1902