Doran v. De Long

Michigan Supreme Court

Doran v. De Long

1 McGrath 1188, 48 McGrath 552

DecidedJune 21, 1882

StatusPublished

This text of 1 McGrath 1188 (Doran v. De Long) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doran v. De Long, 1 McGrath 1188, 48 McGrath 552 (Mich. 1882).

Pincite

Opinion

To vacate a resolution whereby relator’s seat in the Common Council had been declared vacant.

Granted June 21, 1882.

Respondents insist, that relator lacked legal capacity to take the office, and that he had subsequently disqualified himself by removing from the ward. The charter makes the council judges of the election and qualification of its members.

Held, that this power expires with the council that admits the member; that the question, whether he had disqualified himself can be tried only by a judicial tribunal, and that mandamus proceedings in such a case have no concern with the legality of his title.

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To vacate a resolution whereby relator’s seat in the Common Council had been declared vacant.

Granted June 21, 1882.

Respondents insist, that relator lacked legal capacity to take the office, and that he had subsequently disqualified himself by removing from the ward. The charter makes the council judges of the election and qualification of its members.

Held, that this power expires with the council that admits the member; that the question, whether he had disqualified himself can be tried only by a judicial tribunal, and that mandamus proceedings in such a case have no concern with the legality of his title.

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Bluebook (online)

1 McGrath 1188, 48 McGrath 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doran-v-de-long-mich-1882.