Legal Opinion

People ex rel. Wagenseil v. Stephenson

Michigan Supreme Court

Decided December 22, 1893PublishedCited by 13 opinions

Motion by respondent for a stay of proceedings upon a judgment in quo warranto. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

An information in the nature of a quo warranto was filed in the circuit court for the county of St. Clair, on relation of William F. Wagenseil, against the respondent. On the trial of the issue the relator was adjudged entitled to the office, and a judgment of ouster entered. The respondent thereupon sued out a writ of error to this Court, and by this motion asks to have the proceedings upon the judgment stayed.

Upon a judgment of amotion from office, the jiarty amoved is divested of all official authority, and excluded from office, so long as the judgment remains in force. High, Extr. Rem. §…

2Cases cited1 opinion

  1. Welch v. CookNew York Supreme Court · 1852

3Cited by13 opinions

  1. Foster v. Superior CourtCalifornia Supreme Court · 1896
  2. Fawcett v. Superior CourtWashington Supreme Court · 1896
  3. State ex rel. Craig v. WoodsonSupreme Court of Missouri · 1895
  4. City of Phoenix v. RodgersArizona Supreme Court · 1934
  5. Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933

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