Legal Opinion · Dissent

Smith v. Auditor General

Michigan Supreme Court

Decided March 27, 1911No. Calendar No. 24,493Published

Mandamus by Clarence B. Smith to compel Oramel B. Fuller, auditor general, to countersign a certificate and issue a warrant for relator’s salary as assistant secretary of the senate.

1DissentMcAlvay, J.

I am unable to agree with the conclusions of Mr. Justice Blair in this matter, as set forth in his opinion. The only question involved is the construction of a portion of the statute which provides for the compensation of the officers and members of the State senate, viz., section 2 of Act No. 85, Pub. Acts 190?. The facts of the case as stated in that opinion do not require repetition.

For purposes of convenience the portion of the act under consideration may, however, be properly quoted:

“From and after the first day of January, 1901, the compensation of the president and members of the…

2Cases cited6 opinions

  1. Ex parte CowertSupreme Court of Alabama · 1890
  2. Moog v. RandolphSupreme Court of Alabama · 1884
  3. Davock v. MooreMichigan Supreme Court · 1895
  4. Sayre v. PollardSupreme Court of Alabama · 1884
  5. Cook v. Auditor GeneralMichigan Supreme Court · 1901

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