McMillan v. City of Pontiac

Michigan Supreme Court

McMillan v. City of Pontiac

284 N.W. 923, 288 Mich. 404

CourtMichigan Supreme Court

DecidedApril 4, 1939

DocketDocket No. 72, Calendar No. 40,208.

StatusPublished

This text of 284 N.W. 923 (McMillan v. City of Pontiac) 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

McMillan v. City of Pontiac, 284 N.W. 923, 288 Mich. 404 (Mich. 1939).

Pincite

Opinion

Bushnell, J.

Three cases came before the court, at the January term of 1939, involving hearings before the police and fire trial board of the City of Pontiac and its dismissal of members of the Pontiac police department. The other cases are, Mapley v. City of Pontiac, ante, 396, and Calvert v. City of Pontiac, ante, 401. Although each record contains slightly different facts, they are essentially the same and the legal issues in the three cases are practically identical. It is unnecessary to restate all the facts and issues.

Mapley, appellee in one of the above cases, was a member of the police force, and McMillan, plaintiff and appellee herein, was acting chief of the department. The law with respect to the responsibilities and duties of police officers makes no distinction between those of an acting chief and a member of the department.

Our opinion in the Mapley Case controls decision in the instant case. Under the court’s decision in that case, judgment of the circuit court, in vacating the order of the police and fire trial board, is reversed without a rehearing. The same decision must be rendered in the instant case, and it is so ordered, with costs to appellant.

Butzel, C. J., and Wiest, Sharpe, Potter, Chandler, North, and McAllister, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Bushnell, J.

Three cases came before the court, at the January term of 1939, involving hearings before the police and fire trial board of the City of Pontiac and its dismissal of members of the Pontiac police department. The other cases are, Mapley v. City of Pontiac, ante, 396, and Calvert v. City of Pontiac, ante, 401. Although each record contains slightly different facts, they are essentially the same and the legal issues in the three cases are practically identical. It is unnecessary to restate all the facts and issues.

Mapley, appellee in one of the above cases, was a member of the police force, and McMillan, plaintiff and appellee herein, was acting chief of the department. The law with respect to the responsibilities and duties of police officers makes no distinction between those of an acting chief and a member of the department.

Our opinion in the Mapley Case controls decision in the instant case. Under the court’s decision in that case, judgment of the circuit court, in vacating the order of the police and fire trial board, is reversed without a rehearing. The same decision must be rendered in the instant case, and it is so ordered, with costs to appellant.

Butzel, C. J., and Wiest, Sharpe, Potter, Chandler, North, and McAllister, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

284 N.W. 923, 288 Mich. 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-city-of-pontiac-mich-1939.