Attorney General v. Kallman

1 Citing case

  1. Layle v. Adjutant Gen. of Mich

    384 Mich. 638 (Mich. 1971)   Cited 14 times
    Noting that quo warranto is the “exclusive remedy to try title to office finally and conclusively”

    It is undisputed that as of the date of commencement of this suit, the plaintiff was past the mandatory retirement age of his former office. Thus, since plaintiff can make no present claim to his former office, the questions raised by the writ of quo warranto are moot ( Attorney General, ex rel. Andrews, v. Kallman, 365 Mich. 519), and it is the rule in Michigan, long-established, that a court in such an action will not proceed to final judgment if the public interest would not be served, that is, where the questions are moot. Osterhous, supra.