Grondin v. Logan

• Decision Date: 11 November 1891
• Citation: 88 Mich. 247,50 N.W. 130
• Court: Michigan Supreme Court
• Parties: GRONDIN et al. v. LOGAN, Supervisor, et al.

50 N.W. 130

88 Mich. 247

GRONDIN et al. v. LOGAN, Supervisor, et al.

Supreme Court of Michigan

November 11, 1891

Application for mandamus.

Applications by Edward E. Grondin, Miller, La Francis, and Allen, justices of the peace, for mandamus to Hugh Logan, supervisor, and others, to compel the board of supervisors to seat the relators on such board. Application denied.

J. J. Brown, (Geo. H. Prentis, of counsel,) for relators. Clark & Peare, (Cahill & Ostrander, of counsel,) for respondents.

PER CURIAM.

In this case the justices of the peace in the township are Miller, whose term expires in 1892, La Francis, whose term expires in 1893, Grondin, whose term expires in 1894, and Allen, whose term expires in 1895.

The relator Grondin filed his petition for mandamus upon the theory that Miller had removed from the township, and his office was thereby vacant. This is denied by the answer, and that settles the matter as far as this application is concerned.

La Francis, who was elected to fill a vacancy, and Miller, must be considered the two eldest justices, and entitled to seats on the township board.

Grondin has no standing here, because, in case of a temporary disability of one of the elder justices to act, the statute (How. St. � 745) provides that "one of the remaining justices," on being notified by any member of the board, shall meet with the board, and have the same authority as the other members, in case there shall not be three members of the board able or competent to act. In such case the members of the township board can call upon any justice to act temporarily as member of the board. Allen would have no right to act on the board, to the exclusion of La Francis.

We must hold that the board cannot here question the election or qualification of Grondin and La Francis. They have acted as justices for over a year, and been recognized as such.

We must deny this application as far as Grondin is concerned, and, as to La Francis, Grondin shows no authority to make complaint in his behalf. If La Francis is hereafter denied his right to sit upon the town board, upon proper application we will enforce such right. No costs will be allowed to either party.