208 N.W. 460 | Mich. | 1926
Plaintiff is now serving his second consecutive term as sheriff of Kent county. He presented *429
to defendant, county clerk, petitions to place his name on the ballot at the coming primary as a candidate for nomination for a third consecutive term as sheriff. The request was refused and this proceeding in mandamus was instituted in Kent circuit court, where, after a hearing, the writ was refused. We allowed a writ of certiorari to review such judgment. Admittedly plaintiff is ineligible to hold the office consecutively beyond four years under the present Constitution (art. 8, § 5). All counsel so concede. At the end of four years he and all his deputies go out of office. Lamoreaux v. Attorney General,
In Parker v. Smith,
It is too well settled to need citation of authorities that the writ of mandamus will not issue unless there his a clear legal right in the plaintiff to the discharge of a clear legal duty by the defendant. Plaintiff under the Constitution has no right to hold the office of sheriff beyond his present term. He is by that instrument expressly prohibited from holding it and the fact that the people have an opportunity to vote on its amendment at the November election creates too remote a contingency to give him a present clear legal right to this discretionary writ. In at least two cases (Fyfe v. Kent CountyClerk,
Judgment affirmed.
BIRD, C.J., and SHARPE, SNOW, STEERE, WIEST, CLARK, and McDONALD, JJ., concurred. *431