Michigan Supreme Court, 1872

People ex rel. Giddings v. Quartermaster-General

People ex rel. Giddings v. Quartermaster-General
Michigan Supreme Court · Decided July 12, 1872
25 Mich. 340; 1872 Mich. LEXIS 108

People ex rel. Giddings v. Quartermaster-General

Opinion of the Court

The Court

held that the petition did not bring the case within the law as the relator construes it. There is no showing that the second assignment from Handy to the relator, or any evidence thereof, was brought to the notice of the respondent, nor that any request for the certificate was made of the respondent. In the absence of these the respondent ivas under no obligation to issue the certificate.

The Court also held, Ghristiancy, Oh. J., dissenting, that a substitute is not a volunteer within the meaning of the acts t providing for bounties to volunteers. These acts apply only to volunteers, as the people ordinarily understand the term, and not to one who enters the service in the place of another, as a substitute for hire.

Mandamus refused.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.