O'Brien v. City of Detroit Election Commission

Michigan Supreme Court

O'Brien v. City of Detroit Election Commission

179 N.W.2d 19, 383 Mich. 707, 1969 Mich. LEXIS 85

CourtMichigan Supreme Court

DecidedJuly 28, 1970

DocketDocket 52,556

StatusPublished

Cited by6 cases

This text of 179 N.W.2d 19 (O'Brien v. City of Detroit Election Commission) 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

O'Brien v. City of Detroit Election Commission, 179 N.W.2d 19, 383 Mich. 707, 1969 Mich. LEXIS 85 (Mich. 1970).

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Opinion

Per Curiam.

In this case, plaintiff filed an emergency motion for leave to appeal to this Court prior to disposition by the Court of Appeals. The motion was granted. This Court, on its own motion, reversed the judgment of the Wayne County Circuit Court dismissing plaintiff’s action and remanded the case to the trial court to enter a judgment of mandamus.

In the case of Richardson v. Secretary of State (1968), 381 Mich 304, this Court gave consideration to the eligibility of a legislator to receive appointment or election to another public office during the period of his term in the legislature. Following the reasoning of Richardson, this Court concluded that a state legislator is ineligible for the office of Detroit city treasurer as being a state office within the meaning of the constitutional provision. See Attorney General, ex rel. Moreland, v. Common Council of City of Detroit (1897), 112 Mich 145, pp 166-168. The city treasurer is the collector of school taxes. The public schools are state agencies. See Public Schools of the City of Battle Creek v. Kennedy (1929), 245 Mich 585, 587 (and cases cited therein).

T. E. Brennan, C. J., and Dethmers, Kelly, T. M. Kavanagh, Adams, and T. G; Kavanagh, JJ., concurred. Black, J., did not sit in this case.

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Per Curiam.

In this case, plaintiff filed an emergency motion for leave to appeal to this Court prior to disposition by the Court of Appeals. The motion was granted. This Court, on its own motion, reversed the judgment of the Wayne County Circuit Court dismissing plaintiff’s action and remanded the case to the trial court to enter a judgment of mandamus.

In the case of Richardson v. Secretary of State (1968), 381 Mich 304, this Court gave consideration to the eligibility of a legislator to receive appointment or election to another public office during the period of his term in the legislature. Following the reasoning of Richardson, this Court concluded that a state legislator is ineligible for the office of Detroit city treasurer as being a state office within the meaning of the constitutional provision. See Attorney General, ex rel. Moreland, v. Common Council of City of Detroit (1897), 112 Mich 145, pp 166-168. The city treasurer is the collector of school taxes. The public schools are state agencies. See Public Schools of the City of Battle Creek v. Kennedy (1929), 245 Mich 585, 587 (and cases cited therein).

T. E. Brennan, C. J., and Dethmers, Kelly, T. M. Kavanagh, Adams, and T. G; Kavanagh, JJ., concurred. Black, J., did not sit in this case.

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Bluebook (online)

179 N.W.2d 19, 383 Mich. 707, 1969 Mich. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-city-of-detroit-election-commission-mich-1970.

Opinion

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