Legal Opinion
People ex. rel. Cuthbert v. Common Council of Detroit
Michigan Supreme Court
Decided April 28, 1869PublishedCited by 18 opinions
Motion for a mandamus. The relator claimed to have been elected by the Common Council of Detroit to the office of assessor; but that the Council wrongfully deprived him of the office by refusing to count the vote of one of the members in his favor. He therefore applied for a mandamus to compel them to count such vote, and to declare him elected.
1Opinion of the Court
The Court held that mandamus was not a proper proceeding to try the right to a public office, and declined to make an order to show cause.
2Cited by18 opinions
- Biggs v. McBrideOregon Supreme Court · 1889
- Gildemeister v. LindsayMichigan Supreme Court · 1920
- Leigh v. State ex rel. O'BannonSupreme Court of Alabama · 1881
- Kline v. McKelveyWest Virginia Supreme Court · 1905
- Territory of Arizona ex rel. Sherman v. Board of SupervisorsArizona Supreme Court · 1887
13 more not listed; retrieve them via the Exa API.