TaiLexi AI U.S. Case Law

People ex rel. Cooley v. Fitz-Gerald

People ex rel. Henry W. Cooley v. Emanuel Fitz-Gerald, Mayor of Port Huron, and Frank L. Follansbee, Clerk

People ex rel. Cooley v. Fitz-Gerald, 41 Mich. 2 (1879)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Supreme Court · State Highest Courts
Decided
June 3, 1879
Citations
41 Mich. 2
Headnotes
Contested election — Final decision of statutory tribunal. The charter of Port Huron makes the common council the final judges of the election of aldermen. Held that mandamus would not lie to compel them to reinstate one whom they had excluded without a proper hearing on the merits.
Summary
Mandamus applied for to compel relator’s reinstatement in the office of alderman from which he had been excluded by action of the common council declaring his opponent elected, and as he claimed without a proper hearing upon the merits.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The charter of Port Huron in force when this controversy began made the common council the final judges as to the election of its members. It was not contemplated that such questions should be subjected to the delays and formalities of judicial proceedings. No doubt fairness requires that the rights of parties in such cases shall not be disposed of without giving them a chance to be heard, but although the course taken, if the papers are true, was very censurable, we' cannot review it.

Mandamus refused.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1881–1882: 31885–1886: 11887–1888: 11889–1890: 11901–1902: 11923–1924: 11965–1966: 12019–2020: 118812026peak 1881 · 3

Relies on it most ⓘ

  1. Crossman v. Hanson143 N.W.2d 783 (Mich. Ct. App. 1966)
  2. Robertson v. State ex rel. Smith10 N.E. 582 (Ind. 1887) · Concurrence
  3. United States ex rel. Fink v. Tod1 F.2d 246 (2d Cir. 1924)
  4. People ex rel. Dafoe v. Harshaw26 N.W. 879 (Mich. 1886)
  5. Naumann v. Board of City Canvassers41 N.W. 267 (Mich. 1889)
  6. Simon v. Portland Common Council9 Or. 437 (1881)

Most recent

  1. Connor Berdy v. Sonja Buffa928 N.W.2d 204 (Mich. 2019)
  2. Crossman v. Hanson143 N.W.2d 783 (Mich. Ct. App. 1966)
  3. United States ex rel. Fink v. Tod1 F.2d 246 (2d Cir. 1924)
  4. Pittsburgh, Ft. Wayne & Chicago Railway Co. v. Gillespie63 N.E. 845 (Ind. 1902)
  5. Naumann v. Board of City Canvassers41 N.W. 267 (Mich. 1889)
  6. Robertson v. State ex rel. Smith10 N.E. 582 (Ind. 1887) · Concurrence

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list