Legal Opinion

Merrick v. Township Board

Michigan Supreme Court

Decided October 14, 1879PublishedCited by 11 opinions

Error to Tuscola. Certiorari from the circuit court to a township board. The writ was dismissed for want of jurisdiction. Plaintiff in certiorari brings error.

1Opinion of the CourtMarston, J.

The township board claiming to act under § 3695 of the Compiled Laws removed the plaintiff in error from the office of assessor of a certain school district in said township. The proceedings were removed to the circuit court for review, by writ of certiorari, and on the hearing the writ was quashed for want of jurisdiction. The case comes here on writ of error.

It is urged by the defendant in error that the jurisdiction to issue a common law writ of certiorari is lodged exclusively by the Constitution and law in this court, and that the power of the circuit court to issue such a writ is…

2Cases cited2 opinions

  1. McBride v. Common Council of Grand RapidsMichigan Supreme Court · 1875
  2. People ex rel. Taylor v. Judge of the St. Clair CircuitMichigan Supreme Court · 1875

3Cited by11 opinions

  1. State ex rel. Brewster v. MohlerSupreme Court of Kansas · 1916
  2. Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
  3. Matter of CarterCalifornia Supreme Court · 1903
  4. Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
  5. Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950

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