Gratopp v. Van Epps

Michigan Supreme Court

Gratopp v. Van Epps

1 McGrath 765, 4 Daily L.N. 418

CourtMichigan Supreme Court

DecidedJuly 13, 1897

DocketNo. 16274

StatusPublished

This text of 1 McGrath 765 (Gratopp v. Van Epps) 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

Gratopp v. Van Epps, 1 McGrath 765, 4 Daily L.N. 418 (Mich. 1897).

Pincite

Opinion

To compel respondent to issue.an execution upon a judgment recovered before his predecessor.

[769]*769Granted July 13, 1897.

Respondent was elected to succeed one Salisbury, whose term expired July 4, 1895. The city re-incorporated under Act No. 215, Laws of 1895, and at the time of such re-incorporation there were four justices in said city, two of whom, not including respondent, were re-elected under Sec. 5 of Chap. 5 of said act.

Held, that a justice of the peace is a constitutional officer and the legislature cannot deprive him of the power and duties conferred upon him by that instrument.

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To compel respondent to issue.an execution upon a judgment recovered before his predecessor.

[769]*769Granted July 13, 1897.

Respondent was elected to succeed one Salisbury, whose term expired July 4, 1895. The city re-incorporated under Act No. 215, Laws of 1895, and at the time of such re-incorporation there were four justices in said city, two of whom, not including respondent, were re-elected under Sec. 5 of Chap. 5 of said act.

Held, that a justice of the peace is a constitutional officer and the legislature cannot deprive him of the power and duties conferred upon him by that instrument.

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Bluebook (online)

1 McGrath 765, 4 Daily L.N. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gratopp-v-van-epps-mich-1897.