USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 24
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COPYRIGHT NOV. 1900.
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COPYRIGHT NOV. 1900.
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85THE WOLVERINE PTG. CO.Engr's & Pub. Detroit Mich.
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193
JUDICIAL SYSTEM.
John S. Goodrich
.Elected April, 1851. Died before qualifying
Warner Wing
. Resigned, 1856
George Martin.
Sanford M. Green.
Resigned, 1857
Joseph T. Copeland.
Resigned, 1857
David Johnson
. Resigned, 1857
Abner Pratt.
. Resigned, 1857
Charles W. Whipple
.Died October, 1855
Nathaniel Bacon.
.October, 1855, vice Whipple
Edward H. C. Wilson. . November, 1856, vice Wing
Benjamin F. H. Wetherell. May, 1857, vice Douglass
Benjamin F. Graves May, 1857, vice Pratt
Josiah Turner. . May, 1857, vice Green
Edwin Lawrence.
May, 1857, vice Johnson
In 1857, acting under constitutional authority, the legislature reorganized the supreme court, making it consist of one chief and three associate justices, elected by the people for a term of eight years. The legislature of 1887 increased the number of justices to five, and the terms of the additional justice and all justices elected after 1887, to ten years.
Three constitute a quorum, and they hold four regular annual terms. The first statutory regulation provided for a January and a July term at Detroit, and a May and October term at Lansing. In 1859 the May term was changed to April. In 1873 all terms were ordered held at Lansing, and in 1875 the July term was changed to June.
The following is the list of the justices of the supreme court under its present organization:
JUSTICES OF SUPREME COURT.
Under constitution of 1850.
Term for which elected.
Term for which elected.
George Martin (a). 1858-1867
Thomas R. Sherwood (d) (k).
1882-1889
Randolph Manning (b) .. 1858-1869
John W. Champlin (d). 1884-1891
Thomas M. Cooley (c) (d).
1864-1869
Allen B. Morse (d) (l). 1886-1893
James V. Campbell (d). 1858-1871
James V. Campbell (m). 1888-1890
Isaac P. Christiancy (d).
1858-1873
Charles D. Long (d). 1888-1897
Benjamin F. Graves (d).
1868-1875
Edward Cahill (n.). 1890-1890
Thomas M. Cooley (d) (s).
1870-1877
John W. McGrath (d) (o)(p). 1891-1895
James V. Campbell (d) .. 1872-1879
Claudius B. Grant (d). 1890-1899
Isaac P. Christiancy (e) (f).
1874-1881
Robert M. Montgomery (d) 1892-1901
Isaac Marston (d) (g). 1875-1881
George H. Durand (g). 1892-1892
Benjamin F. Graves (d). 1876-1881
Frank A. Hooker (r) 1894-1903
Thomas M. Cooley (d) (h). 1878-1885
Joseph B. Moore. 1896-1905
Allen B. Morse (¿). 1885-1885
Charles D. Long 1898-1907
James V. Campbell (d).
1880-1887
Claudius B. Grant .. 1900-1909
Isaac Marston (j).
1882-1889
a) Chief justice.
1
(c) Vice Manning, deceased.
(d) Last two years as chief justice.
e) Resigned, Feb. 27, 1875.
f) Died Sept. 8, 1890.
Vice Christiancy, resigned.
h) Resigned in 1885.
Vice Cooley, resigned. Resigned, Feb. 2, 1883.
k) Vice Marston.
(l) Resigned, Aug. 30, 1892.
b) Died in 1864.
(m) Died March 26, 1890.
(n) Appointed to succeed Campbell, April 5 to Dec. 31.
(0) Elected to succeed Campbell.
(p) Chief justice to succeed Morse, Oct. 4 to Dec. 31, 1892.
(g) Appointed to fill vacancy tempo- rarily.
(r) Elected to succeed Morse.
(s) Died in 1898.
25
*
Samuel T. Douglass.
194
JUDICIAL SYSTEM.
DISTRICT COURTS.
Soon after the organization of the territorial government, the governor had divided the territory into four judicial districts, known as the districts of Erie, Huron, Detroit and Michilimackinac. An act was adopted on the twenty-fifth of July, 1805, establishing three district courts to be held by the judges of the supreme court, one for the district of Erie, another for the districts of Huron and Detroit, to hold two annual terms each; and one for the district of Michili- mackinac, to hold one annual term. These courts were to have jurisdiction of demands exceeding $20. In 1807 the district courts were made to consist of a chief judge and two associate judges, residents of the district, to be appointed by the governor and to hold office during good behavior.
There are no records in the state department of appointments under this act. but merely entries of the return of two commissions, one by John Anderson, dated April 15, 1807, as chief justice of the district court of the district of Erie, and another to Samuel Abbott, dated July 16, 1807, as associate justice of the district court of the district of Michilimackinac.
These courts were abolished in 1810, and for the next five years there was no intermediate court between the supreme and justices' courts.
By an act approved February 27, 1840, "the district court of the county of. Wayne" was established, composed of a presiding judge appointed by the gov- ernor, by and with the advice and consent of the senate, to hold four years and the two associate judges of the circuit court. This court had criminal jurisdic- tion only, but equal to that of the circuit courts. In 1843 a new act was passed, establishing a district court in each of the counties of Wayne, Oakland, Washte- naw and Jackson, and the term of office of the presiding judge was lengthened to five years. These courts were all dropped by the revised statutes of 1846, as passed by the legislature, though retained in the original draft of the revision.
Henry Chipman was appointed presiding judge of the Wayne county district court in 1840, and held the office until the change in 1843. Then Benjamin F. H. Witherell was appointed presiding judge for the district courts of the four counties. He held until the court was abolished.
The constitution of 1850 provided that the counties of the upper peninsula and the islands appertaining thereto should constitute a separate judicial dis- trict. The district judge was to be elected for the same term, perform the same duties, and possess the same powers as the circuit judges. This court was abol- ished in 1863. Daniel Goodwin held the district judgeship until the circuit was organized in the upper peninsula.
COURT OF CHANCERY.
Upon the establishment of a state government, equity and common law juris- diction was separated and vested in district courts. All equity powers were vested in a court of chancery exclusively, save that certain exceptional cases might be taken to the supreme court, and appeals by any person aggrieved by the decree or final order of the court of chancery. This court held sessions, in turn, in each of the circuits into which the state was divided by the act establish- ing circuit courts. All causes were to be heard and determined in the circuits in which they arose. This court was abolished by the revised statutes of 1846, as passed by the legislature, although the original draft of the revision provided for its continuance, with some modifications intended to simplify and perfect the system. Its jurisdiction was conferred upon the several circuit courts, and it has remained there ever since.
The following is a list of chancellors :
Term began.
Term expired.
1836-Elon Farnsworth.
1842. Resigned.
1842-Randolph Manning. 1846. Resigned.
1846-Elon Farnsworth. 1847. Court abolished.
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JUDICIAL SYSTEM.
CIRCUIT COURTS.
In 1824 the three judges of the supreme court were required to hold an annual term in each of the counties of Wayne, Monroe, Oakland, Macomb and St. Clair and were authorized to hold special sessions in Crawford, Brown and Mich- ilimackinac counties, whenever deemed advisable " in their sound discretion." In 1825 circuit courts were established by name, but were still held by the judges of the supreme court. The circuit court was given original jurisdiction in all civil actions at law where the demand exceeded $1,000, of actions of eject- ment, of all criminal cases punishable capitally, and of all cases not exclusively cognizable by other courts, concurrent jurisdiction with county courts in civil actions beyond the jurisdiction of justices of the peace, and of criminal offenses not punishable capitally, and appellate jurisdiction from county courts. The circuits were not changed by this act of 1825. Another act was passed in 1827, repealing the essential provisions of the acts of 1824 and 1825, and providing for two more circuits, viz .: Washtenaw and Lenawee. The same discretionary powers as to holding terms in Crawford, Brown and Michilimackinac coun- ties were continued.
In 1833 the county courts in all the counties of the territory east of Lake Mich- igan except Wayne were abolished and their places supplied by "the circuit court of the territory of Michigan." It consisted of one circuit judge for the entire circuit, and two associate judges for each county. The circuit judge was appointed for four years and the associate judges for three. The court had both chancery and common law jurisdiction and was given original jurisdiction of civil cases at law and crimes not within the jurisdiction of a justice of the peace and appellate jurisdiction of such as were. It might also determine questions of law arising on motions for new trial or in arrest of judgment. The circuit courts already existing were now called superior circuit courts, and were empowered to issue writs of error to the circuit courts. Williamn A. Fletcher was judge of the circuit court of the territory from the organization of that court until Michigan became a state.
By act approved March 26, 1836, the state was divided into three circuits, and judges of the supreme court were to perform the duties of circuit judges. These courts were given the same powers and jurisdiction as the territorial circuit courts under the act of 1833, except in chancery matters. By the revision of 1846 the court of chancery was abolished and chancery powers conferred upon the several circuit courts. Since then the jurisdiction of circuit courts has been essentially as at present. The constitution of 1850 made the office of circuit judge elective, and the terin of office six years. The last act affecting the num- ber of circuits was approved May 29, 1897, since which time there have been thirty- five circuits. Act No. 15, Public Acts of 1899, created the thirty-sixth circuit.
PROBATE COURTS.
By act of the governor and judges, adopted Angust 31, 1805, the courts of the several districts, or any judge of the said territory, or the clerk of the court of the district, were authorized to take the proof of wills and grant letters testa- mentary and of administration. In 1811 provision was made for the appointment in each district of a register, with essentially the same powers. Finally, in 1818, a court of probate was established in each county, to be held by some "able and learned person," appointed by the governor, from which court appeal might be taken to the supreme court. These courts continued in operation until after Michigan had become a statc.
The revised statutes of 1838 made the office of judge of probate elective, for a term of four years. In different cases appeals were allowed to the circuit, or to the supreme court. The revision of 1846 provided for direct appeals to the
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JUDICIAL SYSTEM.
circuit court only. The new consitution of 1850 provided for a probate court in each organized county, the judge of which was to be elected for a term of four years. These are the present probate courts.
COUNTY COURTS.
In 1815 county courts were first established, to be held by one chief and two associate justices appointed by the governor. They had exclusive jurisdiction over all claims exceeding a justice's jurisdiction and not exceeding $1,000, but no jurisdiction in ejectment. Until 1818 final appeal lay to the county court from justices' courts. Chancery jurisdiction was then given them and provision was made for the appointment of masters in chancery. When the act to estab- lish county courts was passed, Wayne county was the only one organized, and the district of Michilimackinac was excepted from the provisions of the act.
After the establishment of circuit courts the county courts began to decline. Much of their jurisdiction was gradually transferred to the circuit courts and in 1833 they were abolished altogether in the organized counties east of Lake Michi gan, except Wayne, by the same act which established the old circuit court of the territory. In Wayne county, and in the western counties of the territory, the county court system was continued until Michigan became a state.
When the revised statutes of 1846 were under consideration, the legislature rejected the original chapter 92, which provided for a continuance of the district courts of the counties of Wayne, Oakland, Washtenaw and Jackson, and in lieu thereof, inserted provisions for county courts. In their new form they were held by two judges, elected for a term of four years, and called respectively " county judge " and " second judge." This court had original and exclusive jurisdiction of all claims above a justice's jurisdiction and under $500, excepting actions of ejectment and proceedings in probate cases. It also had appellate jurisdiction over justices' courts. No appeal was allowed in any case determined by a county court, but cases might be removed to the circuit court by certiorari. These courts were abolished by the adoption of the constitution of 1850.
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