People ex rel. Lord v. Every

• Decision Date: 01 February 1878
• Court: Michigan Supreme Court
• Parties: The People ex rel. Hiram Lord v. Daniel Every et al

38 Mich. 405

The People ex rel. Hiram Lord v. Daniel Every et al

Supreme Court of Michigan

February 1, 1878

Submitted January 31, 1878

Information in the nature of quo warranto. Judgment was entered for respondents, and relator brings error.

Judgment affirmed with costs.

Attorney General Otto Kirchner, Jas. A. Parkinson and W. K. Gibson for plaintiff in error. Quo warranto is the only remedy where the right to an office or franchise is the only question, High Ext. Rem., §§ 619, 626; and the question whether a municipal corporation has been legally created may be tested by it, 2 Dillon Mun. Corp., § 714; People v Carpenter, 24 N. Y., 86; People v. Draper, 15 N. Y., 537; State v. Ind. Sch. Dist., 29 Iowa 264. Time will not run against the State where irregularities affect questions of right, Rex v. Woodman, 4 B. & A 507.

Austin Blair for defendants in error.

OPINION

Marston, J.

An information in the nature of a quo warranto was filed to inquire by virtue of what warrant or right the respondents claim to use, exercise and enjoy the powers, liberties and franchises of a certain school district board. Issue was joined, a trial had in the circuit court and judgment rendered in favor of the defendants, and the case comes here on writ of error. Although no finding of facts was requested by either party, yet the court in a very clear and concise manner, in giving judgment, stated the material facts in the case.

It appears that the district in question was organized May 17th 1873; that in July, 1874, an application was made to this court for a certiorari to review the proceedings and refused, and that these proceedings were commenced in August of the same year, but not determined in the court below until January, 1877, and have not reached this court until the present time. The electors dissatisfied with the action of the inspectors had the right at any time within sixty days from the time of such action to appeal from their decision to the township boards, who were empowered to entertain the appeal, and review, confirm, set aside or amend the action, order or decision of the inspectors thus appealed from. § 3734. If an appeal is taken, the school inspectors are to make and file with the town clerk a full transcript of all their proceedings within ten days, and the township board within ten days thereafter are to proceed and dispose of the matter. § 3736. The statute also limits the time...