Hipp v. Charlevoix Sup'rs

Decision Date15 July 1886
Citation29 N.W. 77,62 Mich. 456
PartiesHIPP v. CHARLEVOIX SUP'RS.
CourtMichigan Supreme Court

Certiorari.

Stone & Hyde, C.D. Cruickshank, and James A. Keat, for plaintiff.

Taggart, Wolcott & Ganson, R.L. Corbitt, and Wm. A. Norton, for defendant.

CAMPBELL, C.J.

As the record in this case presents no points not already settled by the previous decisions of this court, we declined to allow them to be opened. The questions are not such as the courts have any right to disturb after they have been disposed of by the only authority which the law has empowered to act upon them. The supervisors, at a meeting when all the towns were represented, by a two-thirds vote, ordered an election to determine upon the proposed removal of the county-seat. This election was held, and the board determined the result upon a canvass. That action is conclusive, and no authority exists anywhere to dispute it. The controversy, which is not in any proper sense a judicial one, is closed. The constitution has not empowered this court to settle controversies not judicial, which are very wisely left to the proper local and representative agencies of the people. The return shows that nothing has been done which is within our supervisory power, and the writ must be quashed.

(The other justices concurred.)

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27 cases
  • Toncray v. Budge
    • United States
    • Idaho Supreme Court
    • March 24, 1908
    ... ... The same principle has been ... recognized in a great number of authorities. ( Hipp v ... Supervisors , 62 Mich. 456, 29 N.W. 77; Moulton v ... Reid , 54 Ala. 320; Parmeter v ... ...
  • Nelson v. Gass
    • United States
    • North Dakota Supreme Court
    • March 3, 1914
    ...Woodruff v. Dortch, 41 La.Ann. 850, 6 So. 777; Reynolds & H. Constr. Co. v. Police Jury, 44 La.Ann. 863, 11 So. 236; Hipp v. Charlevoix County, 62 Mich. 456, 29 N.W. 77; Moulton v. Reid, 54 Ala. 320; Skrine Jackson, 73 Ga. 377; Caldwell v. Barrett, 73 Ga. 604; Clarke v. Rogers, 81 Ky. 43; 1......
  • Shibley v. Fort Smith & Van Buren District
    • United States
    • Arkansas Supreme Court
    • October 31, 1910
    ...by a majority in value, etc., conclusive. 78 Ark. 432, 463; 72 Ark. 205; 84 Id. 390; 72 Ark. 432; 32 Id. 553; 40 Ia. 226; 37 Id. 78, 598; 62 Mich. 456; 1 Metc. 533; 122 Cal. 442; 130 Ind. 514; 108 Id. 443; 27 A. 66; 112 Ind. 361; 21 How. 539; 92 U.S. 484; 94 Id. 104. 6. The act is not repug......
  • Rice v. Palmer
    • United States
    • Arkansas Supreme Court
    • April 23, 1906
    ...people at a general election as authorized by the Constitution, and had been legally adopted. The same court, in a later case ( Hipp v. Board, etc., 62 Mich. 456) that the decision of a board of commissioners announcing the result of an election for removal of a county seat was conclusive, ......
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