Waldby v. Callendar
This text of 8 Mich. 430 (Waldby v. Callendar) 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.
Opinion
By §101 of act No. 32 of the session of 1858, (S. JO. pp. 186, 189) the Legislature attempted to confer upon Circuit Court Commissioners judicial powers equal to the combined powers of courts of law and of equity. By §16 of Art. 6 of the Constitution, the Legislature could only invest these officers with powers not exceeding those of a Circuit Judge at chambers; and this attempt to clothe them with these superior powers, is in. direct conflict with this constitutional provision.
The judgment of the Circuit Court Commissioner is reversed, with costs.
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Cite This Page — Counsel Stack
8 Mich. 430, 1860 Mich. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldby-v-callendar-mich-1860.