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86 Mich. 380

Ross v. Barber

Michigan Supreme Court

Decided June 10, 1891

Michigan Supreme Court · decided 1891-06-10

Mandamus. Relator applied for mandamus to compel the drawing of an order in his favor for salary as an alderman of the Fifth ward of Bay City. The facts are sufficiently stated in the opinion.

Relies on Stow v. Common Council of Grand Rapids

Decided 1891-06-10

Per Curiam.

¶1The present Legislature changed the boundaries of the wards of Bay City.

¶2Previous to such change, relator was an alderman of the Fifth ward, and a resident therein. By the change of boundaries relator is no longer a resident of the Fifth ward, but now resides in the Fourth ward, as reconstructed by the Legislature, which is separated from the Fifth by the Eighth ward. The office of alderman, by the charter, becomes vacant by the removal of the aider-man from his ward.

¶3We think the removal provided for applies to removals by change of boundaries by the Legislature as well as a *381voluntary removal by the alderman. The reasons apply equally to either mode of removal. In either case the office is vacant.

¶4We do not determine the right of the mayor to fill the vacancy by appointment. Stow v. Common Council, 79 Mich. 595.

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