Waldby v. Callendar

Decided July 9, 1860

Michigan Supreme Court · decided 1860-07-09

On April 23d, 1859, Genevieve Callendar presented to said Circuit Court Commissioner a petition, under §101 of the tax law of 1858, to have certain tax titles held by one Merchant, upon ¿and claimed by her, set aside and annulled.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-09

How this case has been cited

Cited by 3 later decisions — most recently January 1947

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Martin Cii. J.:

¶1By §101 of act No. 32 of the session of 1858, (S. JO. pp. 186, 189) the Legislature attempted to confer upon Circuit Court Commissioners judicial powers equal to the combined powers of courts of law and of equity. By §16 of Art. 6 of the Constitution, the Legislature could only invest these officers with powers not exceeding those of a Circuit Judge at chambers; and this attempt to clothe them with these superior powers, is in. direct conflict with this constitutional provision.

¶2The judgment of the Circuit Court Commissioner is reversed, with costs.

The other Justices concurred.