Jackson v. People
Michigan Supreme Court
Certiorari to the Recorder’s Court of the city of Detroit, where Jackson was convicted on a complaint for obstructing an alley in said city. In 1 Mich. 432, will be found the report of a trial of Jackson on an information for the obstruction of the same alley. After the decision in that case, the Common Council of said city passed an ordinance “to prohibit and punisli the obstruction of streets and alleys.”
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Certiorari to the Recorder’s Court of the city of Detroit, where Jackson was convicted on a complaint for obstructing an alley in said city. In 1 Mich. 432, will be found the report of a trial of Jackson on an information for the obstruction of the same alley. After the decision in that case, the Common Council of said city passed an ordinance “to prohibit and punisli the obstruction of streets and alleys.” The first section of this ordinance provided “that no person shall obstruct any street or alley of said city, by placing or maintaining in the same any incumbrance, article or thing, which…
1Opinion of the Court
Campbell J.:
The first question which arises is, how far are we at liberty to look into the proceedings returned by the Recorder’s Court, to ascertain whether the Recorder erred in any respect within our supervisory control.
It is claimed on behalf of the People that, upon a certiorari at common law, the only thing to be determined is whether the court below had jurisdiction; and that if jurisdiction existed, the discretionary power of the court can not be inquired into. And it is further claimed that the jurisdiction depends upon the subject matter of the *117complaint. Applying this rule to the…
2Cases cited1 opinion
- Palmer v. OakleyMichigan Supreme Court · 1847
3Cited by59 opinions
- Pérez Segovia v. Tribunal de Distrito de San JuanSupreme Court of Puerto Rico · 1948
- Payne v. MuskegonMichigan Supreme Court · 1994
- City of Sheridan v. CadleWyoming Supreme Court · 1916
- Hyde v. NelsonMichigan Supreme Court · 1863
- In Re Consolidated Freight Co.Michigan Supreme Court · 1933
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