People ex rel. Andrews v. Lord

• Decision Date: 01 May 1861
• Citation: 9 Mich. 227
• Court: Michigan Supreme Court
• Parties: The People, on relation of Henry C. Andrews, v. Henry W. Lord and another

9 Mich. 227

The People, on relation of Henry C. Andrews, v. Henry W. Lord and another

Supreme Court of Michigan

May 1, 1861

Heard May 1, 1861 [Syllabus Material]

Information in the nature of a quo warranto.

At the general election, held in November, 1860, Oscar F. North then judge of probate for the county of Oakland, was re-elected for the term to commence the first day of January following. November 22, 1860, North died, and four days after, the governor of the state issued to Jacob Van Valkenburgh a commission to fill the vacancy thus created, in the following words:

"State of Michigan: Moses Wisner, governor in and over the state of Michigan. To all who shall see these presents, greeting: Know ye that, reposing trust and confidence in the integrity and ability of Jacob Van Valkenburgh, I have, in the name and by the authority of the people of the state of Michigan nominated and do appoint him judge of probate for the county of Oakland in said state of Michigan, to fill the vacancy created by the death of Oscar F. North, late judge of probate for said county. And I do hereby authorize and empower him to execute and fulfill the duties of that office according to law; to have and to hold the said office, with all the rights, privileges and emoluments thereunto belonging, from the date hereof, unless the governor of the state, for the time being, should sooner revoke and determine this commission. In testimony whereof," etc.

January 1, 1861, the governor, acting upon the supposition that the first appointment ceased on the termination of North's first term, and that a vacancy had again occurred in the office, appointed Henry W. Lord to fill the same, and Lord immediately entered upon the duties of the office, claiming to hold the same for the full term for which North was re-elected.

February 27, 1861, the board of supervisors of said county passed the following resolution:

"Whereas, under the provisions of the constitution of this state, there is now a vacancy in the office of judge of probate in and for this county, occasioned by the death of Oscar F. North, on or about the 22d day of November, 1860, whose term of office would have expired on the 1st day of January, 1861, and who was re-elected to said office in November, 1860, for the term of four years from the 1st day of January, 1861, as judge of probate for this county; therefore, in consequence of said vacancy, it is resolved by the board of supervisors in and for the county of Oakland, and state of Michigan, by virtue of the power vested in us as such board, that a special election be held in the county of Oakland and state of Michigan, on Monday, the first day of April, 1861, for the purpose of filling a vacancy in the office of judge of probate, occasioned by the death of Hon. Oscar F. North, judge of probate for said county, and that the clerk and chairman of this board be and they are hereby ordered and directed to give public notice of such special election, in accordance with the provisions of chapter 6, section 14 of the Compiled Laws of this state. The term of office to be filled at such special election will expire on the 31st December, 1864."

In pursuance of this resolution, the chairman and clerk of the board caused notice to be given of an election. The notice as given was in the following form:

"Notice of Special Election. State of Michigan, county of Oakland, ss. Notice is hereby given that a special election will be held in the several townships of said county, upon the first Monday of April next, for the purpose of electing a judge of probate for said county, to fill a vacancy occasioned by the death of Hon. Oscar F. North, judge of probate elect for said county. The term of office to be filled at such special election will expire on the 31st day of December, 1864. This notice is given pursuant to the order of the board of supervisors. At a special meeting of the board of supervisors of the county of Oakland, continued and held at the court-house, in Pontiac, on the 27th day of February, 1861, the following order was made:

"Resolved, by the board of supervisors in and for the county of Oakland and state of Michigan, by virtue of the power vested in us as such board, that a special election be held in the county of Oakland, on Monday the first day of April, 1861, for the purpose of filling a vacancy in the office of judge of probate, occasioned by the death of Hon. Oscar F. North, judge of probate elect for said county, and that the chairman and clerk of said board give public notice of such special election, in accordance with the provisions of chapter 6, section 14, of the Compiled Laws of this state. The term of office to be filled at such special election will expire December 31st, 1864.

"Abram Allen,

"Chairman Board of Supervisors, Oakland County.

"Z. B. Knight, Clerk,

"By E. W. Peck, Dep. Clerk."

In pursuance of this notice an election was held, at which the relator received the greatest number of votes, and was declared elected. He now...