Attorney Gen. v. Page
| Decision Date | 29 January 1878 |
| Citation | 38 Mich. 286 |
| Court | Michigan Supreme Court |
| Parties | Attorney General v. George W. Page |
Submitted January 18, 1878
Quo Warranto.
Attorney General Otto Kirchner and Wisner & Draper for the writ. If the several matters in a plea constitute one entire defense and the replication denies the substantial allegation in the plea, it is sufficient and good on demurrer. Bradner v. Demick, 20 Johns. 403.
F. L Allen and Ellsworth, Lewis & Sapp for respondent.
As the proceedings in this case, although nominally to inquire by virtue of what authority the respondent holds the office of supervisor, in fact are to ascertain and determine the legal existence of the township of Elk in the county of Lake, the court should scrutinize very closely the proceedings in the cause, and should not permit any apparent inadvertence of counsel to prejudice the rights of the public. And the court should also see that an apparently clear case is made out against the organization of the township, as the result of any action we may take in such a case, if against the township, must prejudicially affect the rights and interests of the State as well as those of the county, and public corporations within the limits of the township.
The information among other things alleges that the township of Elk "has no legal existence and has had no legal existence at any time," and so the said respondent is holding, using and exercising the office of supervisor without authority of law.
The respondent in his plea alleges that the township was legally organized by the board of supervisors on the 9th day of January, 1874, and he sets forth the territory embraced therein. He also sets forth "that previous to constituting and organizing said township by said board of supervisors, written application therefor, signed by the requisite number of freeholders, according to law, was duly made to said board of supervisors, and notice in writing of the intention to make such application, subscribed by a legal number of freeholders of the township to be affected, were posted and published as required by law, and the statutes of the State of Michigan were in all respects complied with previous to such organization and constituting of said township." He also alleges that the board did, on the 9th day of January, 1874, legally constitute and organize said township and provide a time and place for holding an election which was...
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