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James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley

Articles

Two district attorneys complained that they were unlawfully deprived of their salary when the number of attorneys was reduced from thirteen to eleven by legislative action -- $1200 each. With the reduction in number of attorneys came the move to limit these two attorneys to service only in their counties of residence and a reduction in salary to $100 each. "When by law provision has been made for a certain number, and they have been lawfully chosen, they are protected for the term, as they would have been had the constitution itself indicated how many there should be."

David Maynard Et Al V. Fractional School District, & C., Thomas M. Cooley

Articles

"A bequest to the members composing the School District by name, and to their successors in office, of moneys to be expended in the purchase of books for a district library -- thy being the officers designated by law to preform similar duties for the district -- is in effect a bequest to the district."

Lucy M. Maynard by her last will directed the residue of her estate be sold and the monies be placed at the disposal of the District Board of the Fractional School District in Milan and York, Michigan, and used for library supplies. "The validity of …

Material Taken From Streets In Grading--Rights Of Adjoining Lot-Owner, Thomas M. Cooley

Articles

"In grading a street for the purpose of paving, it was necessary to remove earth which the city had no occasion for, and the street commissioner sold the same to a party who removed and used it. In an action to recover the purchase-price the purchaser defended, claiming that the city did not own the earth, but that it was owned by the adjoining lot-owners..."

Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley

Articles

A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.

Griswold V. Bay City, Thomas M. Cooley

Articles

1. RIGHT OF OWNERS OF ADJOINING LOTS TO MATERIAL TAKEN FROM STREETS - SALE OF SAME BY CITY. - In grading a street for the purpose of paving, it was necessary to remove earth which the city had no occasion for, and the street commissioner sold the same to a party who removed and used it. In an action to recover the purchase-price the purchaser defended, claiming that the city did not own the earth, but that it was owned by the adjoining lot-owners. There was no showing that the earth was of any peculiar value, nor did it appear …

Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley

Articles

A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we name …

The New Federal Administration, Thomas M. Cooley

Articles

After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …