Belknap v. County Canvassers of Ionia
| Decision Date | 03 February 1893 |
| Citation | 94 Mich. 516,54 N.W. 376 |
| Court | Michigan Supreme Court |
| Parties | BELKNAP v. BOARD OF CANVASSERS OF IONIA COUNTY. |
Petition by Charles E. Belknap for mandamus to compel the board of canvassers of Ionia county to reconvene, and canvass the votes cast for petitioner according to the original return. Granted.
Dwight Goss and Taggart, Wolcott & Ganson, for relator. Ellis Nichols & Miller, for respondent.
This is an application for a mandamus to compel the board of canvassers of Ionia county to reconvene, and canvass the votes cast for petitioner according to the original returns made to the county clerk. The petition sets forth that according to the original returns made to the several county clerks of the district, he was elected representative in the federal congress, and the answer does not deny that allegation. The house of representatives is made the judge of the election and qualifications of its own members, and it is now well settled that Act No. 208, Laws 1887, under which the recount was had has no application to such a case. Weston v. Probate Judge, 69 Mich. 600, 37 N.W. 698; Naumann v. Board of City Canvassers, 73 Mich. 252, 41 N.W. 267; Newton v Board, (Mich., filed Dec. 24, 1892,) 53 N.W. 1043; Wheeler v Board, Id. 914; State v. Canvassers, 36 Wis. 498; Keeler v. Robertson, 27 Mich. 116. It follows that the board of canvassers of Ionia county was wholly without authority in the premises.
The answer sets up that relator filed a petition for a recount in the county of Kent, and that such recount was had, and that while relator objected to the action of the Ionia county board, on the ground that the petition was not filed in time, yet he did not question the power of the board. It is however, alleged that by the original returns relator was elected. His right, therefore, to a certificate did not depend upon the recount in Kent, and the petition filed in Ionia county was not predicated upon nor rendered necessary by the recount in Kent. Mr. Richardson was in no sense misled or prejudiced by either the recount in Kent or the failure to object to the recount in Ionia, instituted by himself.
It is next urged that, the returns having been made, and the certificate having been issued, the relator's only remedy is a contest in the house of representatives. The point is ruled by Roemer v. Board of City Canvassers, 90 Mich. 27, 51 N.W. 267.
It is further insisted that inasmuch as the answer alleges that the recount in Ionia county was fair and impartial, and resulted in such an increase of the vote for Mr. Richardson as to entitle him to the certificate of election, it would be unjust to...
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Double v. McQueen
...July 5th, the day to which they have adjourned-there is no necessity for issuing the writ. Under a somewhat similar return in Belknap v. Board, (Mich.) 54 N.W. 376, writ was denied. Counsel on the argument of the case in this court, however, asked us to determine some of the other questions......
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State ex rel. Husting v. State Bd. of Canvassers
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...in Naumann v. Board, 73 Mich. 255, 41 N.W. 267; was reaffirmed in Wheeler v. Board, 94 Mich. 448, 53 N.W. 914, Belknap v. Board, 94 Mich. 516, 54 N.W. 376. It is suggested that the present council is to be the judge the election of the members of the body, and decide and determine upon cont......
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Belknap v. Board of State Canvassers
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