Legal Opinion

People ex rel. Andrews v. Lord

Michigan Supreme Court

Decided May 1, 1861PublishedCited by 38 opinions

Information in the nature of a quo warranto. At the general election, held in November, 1860, Oscar F. North, then Judge of Probate for the county of Oakland, was re-elected for the term to commence the first day of January following.

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Information in the nature of a quo warranto. At the general election, held in November, 1860, Oscar F. North, then Judge of Probate for the county of Oakland, was re-elected for the term to commence the first day of January following. November 22, 1860, North died, and four days after, the Governor of the State issued to Jacob Van Valkenburgb, a commission to fill the vacancy thus created, in the following words: “State of Michigan : Moses Wisneb, Governor in and over the State of Michigan. To all who. shall see these presents, greeting: Know ye, that reposing trust and confidence in the…

1Opinion of the Court

Campbell J.:

The relator claims to have been duly elected to the office of Judge of Probate of Oakland county, at a special election held on the first Monday of April, 1861. Van Valkenburgh was appointed in November, 1860, upon the death of Oscar F. North, the previous incumbent, who had just been re-elected for the four years to commence January 1, 1861. Lord, who is in possession of the office, was appointed by the Governor, January 1, 1861, and both he and Van Valkenburgh claim that the election of Andrews was invalid, and each claims the office by virtue of his appointment.

It is not…

2Cited by38 opinions

  1. Dullam v. WillsonMichigan Supreme Court · 1884
  2. People v. ShawyerWyoming Supreme Court · 1924
  3. Adsit v. OsmunMichigan Supreme Court · 1891
  4. State ex rel. Attorney General v. SeaySupreme Court of Missouri · 1876
  5. Lawrence v. HanleyMichigan Supreme Court · 1891

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