37 Mich. 66
Decided June 13, 1877
Michigan Supreme Court · decided 1877-06-13
<p> Bight to Hold Office. </p> <p>Where an application for a writ of habeas corpus involved the right of a certain person to act as justice of the peace, the court declined to consider that question except in a proceeding instituted against the person himself.</p>
Cited by 3 later decisions — most recently April 1915
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1877-06-13
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¶1This is an application for a writ of ha-
¶2beas corpus. The real question made by the application is 'the right of a person acting as a justice of the peace to perform the duties of that office, it being claimed that the legislation under which he was chosen was unconstitutional.
¶3We have concluded not to consider this question except in a proceeding instituted against the person assuming to •aGt as justice, so that he may be heard upon a matter so ■directly affecting him.
¶4Writ denied.