Howland v. Prentice
Michigan Supreme Court
Error to Van Burén; Carr, J. Quo warranto proceedings by Richard S- Howland against A. D. Prentice to try the title to the office of School examiner of Van Burén county. There was judgment of ouster, and respondent brings error. This is a quo warranto proceeding to test the title to the office of member of the board of school examiners for the county of Van Burén. The legislature, by ActNo. 43, Pub.
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Error to Van Burén; Carr, J. Quo warranto proceedings by Richard S- Howland against A. D. Prentice to try the title to the office of School examiner of Van Burén county. There was judgment of ouster, and respondent brings error. This is a quo warranto proceeding to test the title to the office of member of the board of school examiners for the county of Van Burén. The legislature, by ActNo. 43, Pub. Acts 1901, empowered the several boards of supervisors of the different counties of the State to “elect ” a county commissioner of schools, and to “ appoint ” school examiners. The statute (1…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. In the absence of statutory requirement a plurality of the’ votes cast or the majority of a quorum is sufficient, and no declaration of the election by the chairman is essential. Conrad v. Stone, 78 Mich. 635. Does the appointment of a school examiner, under Act No. 43, Pub. Acts 1901, come within the exception to section 2476, 1 Comp. Laws, or is it the transaction of the ordinary business of the board ? Act No. 43, Pub. Acts 1901, makes it a regular and ordinary duty of the board of supervisors to appoint these commissioners. We think it does not come within…
2Cases cited6 opinions
- Attorney General v. RiceMichigan Supreme Court · 1887
- Township of Taymouth v. KoehlerMichigan Supreme Court · 1876
- Sackrider v. Board of SupervisorsMichigan Supreme Court · 1889
- State ex rel. Duane v. FaganSupreme Court of Connecticut · 1875
- School-District No. Two v. ClarkMichigan Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ebright v. BuckMichigan Supreme Court · 1949