Legal Opinion

Rice v. Shay

Michigan Supreme Court

Decided April 28, 1880PublishedCited by 6 opinions

Mandamus. D. A. Rice and M. V. & R. A. Montgomery for relator. Legislative power to locate county seats cannot be delegated, Cooley’s Const. Lim. 116; Shumway v. Bennett 29 Mich. 451; People v. Collins 8 Mich. 843; Maxwell v. Bay City Bridge Co. 41 Mich 453; Barto v. Himrod 8 N. Y. 483.

1Opinion of the CourtGraves, J.

The Legislature in 1869 passed an act, which took effect March 30th, to organize the county of Wexford (3 Session Laws 1869, p. 1085, Act 386), and by the ninth section provided for locating the county seat. The provision reads as follows:

“ Sec. 9. The county seat of said county shall be and is hereby, located in township twenty-four north, of range twelve west, at or near what is called Manistee bridge; and Henry J. Devoe, Isaac U. Davis, and E. C. Dayhuff are hereby appointed commissioners to locate the same. If said commissioners, or any two of them, shall fail to locate said county seat…

2Cited by6 opinions

Stanton v. . Board of SupervisorsNew York Court of Appeals · 1908
Schweiker v. HusserIllinois Supreme Court · 1893
Attorney General v. Board of County CanvassersMichigan Supreme Court · 1887
County Commissioners v. StateSupreme Court of Florida · 1888
Goodell v. WoodburySupreme Court of New Hampshire · 1902

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