People ex rel. Warner Lake v. Higgins
Michigan Supreme Court
At a general election held in the county of Genesee, on the second of November, 1852, for the office of Judge of Probate of said county, were given the following votes, for the following persons, viz.: For Henry I. Higgins, 1195 ; for Warner Lake, 1204 ; for Washington D. Morton, 245 ; for-Henry L. Higgins, 2; for H. I. Higgins, 7; and for ~W. Lake, 1. An information was filed, setting forth in the usual form that the defendant had unlawfully entered into and held, &c., the…
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At a general election held in the county of Genesee, on the second of November, 1852, for the office of Judge of Probate of said county, were given the following votes, for the following persons, viz.: For Henry I. Higgins, 1195 ; for Warner Lake, 1204 ; for Washington D. Morton, 245 ; for-Henry L. Higgins, 2; for H. I. Higgins, 7; and for ~W. Lake, 1. An information was filed, setting forth in the usual form that the defendant had unlawfully entered into and held, &c., the said office of Judge of Probate, and that at said election the relator was elected to said office, and rightfully…
1Opinion of the Court
By the Court,
Martin, J.
The Court properly excluded evidence explanatory of the: intentions of persons voting for H. I. Higgins, and of the ‘identity of H. I. Higgins and Henry I. Higgins. This question was expressly decided in the People vs. Tisdale, (1 Doug. 59,) and to that decision we adhere. It is true in the People vs. Van Cleve, (Mann. 362.) Mundy, J., in delivering the opinion of the Court, says, “ you may go to the ballots, if not beyond them, in search of proof of the due election of either the person holding, or the person claiming the office.”’ But this remark was not called for in…
2Cases cited1 opinion
- People ex rel. Attorney General v. TisdaleMichigan Supreme Court · 1843
3Cited by14 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- Pradat v. RamseyMississippi Supreme Court · 1872
- Rice v. PeopleMichigan Supreme Court · 1866
- O'Gorman v. RichterSupreme Court of Minnesota · 1883
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