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People ex rel. Tibbals v. Board of Education

People ex rel. Elbert P. Tibbals v. Board of Education of Port Huron

People ex rel. Tibbals v. Bd. of Educ., 39 Mich. 635 (1878)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 29, 1878
Citations
39 Mich. 6351878 Mich. LEXIS 386
Cited by 2
Headnotes
Municipal corporations — Removal of school inspectors. The board of education of Port Huron is a municipal corporation whose members hold office for specific terms and are not city officers removable by the common council. The common council of Port Huron can remove only city officers.
Summary
Mandamus. Bolator claims that on the 3d of May, 1875, he was elected for four years a member of the board of education of Port Huron by a resolution of the common council; that on August 5th, 1878, the council adopted a resolution removing him and several others from their positions as school inspectors, and that the board has since refused to recognize him as a member. He asks for a writ of mandamus requiring the board to re-admit him to his seat and to recognize him as a member of that body.

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Opinion of the Court

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Per Curiam.

The board of education of Port Huron is a municipal corporation distinct from that of the city, *636 and its members are not city officers subject to removal by the common council. The power given that body to remove officers does not reach any but city officers. The school board hold for specific terms and not during pleasure.

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Cited by 2 cases

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1912: 11927: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Attorney General ex rel. McRae v. Thompson168 Mich. 511 (1912)
  2. Joint School Dist. No. 132 v. Dabney1927 OK 376, 260 P. 486

Most recent

  1. Joint School Dist. No. 132 v. Dabney1927 OK 376, 260 P. 486
  2. Attorney General ex rel. McRae v. Thompson168 Mich. 511 (1912)

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