History of Oakland County Michigan a narrative account of its historic progress, its people, its principal interests / compiled from the official records of the county, the newspapers and data of personal interviews, under the editorial supervision of Thaddeus D. Seeley.

HISTORY OF OAKLAND COUNTY

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judge was to act only in cases where the first was a "party in interest
or in cases of absence or disability." The court was to sit in term on
the first Monday of each month, and during such part of the month as
might be requisite for transacting the business before it. This court
was the fruit of a reform agitation largely centering in Washtenaw
county, which demanded cheaper and more speedy means of securing
(or trying to secure) justice for the average citizen or poor litigant
than was afforded by the circuit courts. It was not a popular institution with the lawyers, who dubbed it the "one-horse court." It went
out of existence with the adoption of the constitution in I850. The
circuit judges, sitting together, constituted the supreme court of the
state until the system was changed as hereafter noted.
UNDER THE 1850 CONSTITUTION
"Section I of article 6 of that constitution provides: 'The judicial
power is vested in one supreme court, in circuit courts, in probate courts,
and in justics of the peace' with authority on the part of the legislature to establish municipal courts in cities. It was provided that after six
years the legislature might provide for what was popularly termed an
independent supreme court, 'to consist of one chief justice and three
associate judges' to be elected by the people. This power was acted
upon by the legislature of 1857, and judges were elected at the spring
election in that year, the court being organized January I, 1858. The
term of the judges was eight years, and they were so classified that their
terms expired successively every second year. It is provided in the
constitution that the court, when established, should not be changed for
eight years. To what extent changes might be made after eight years
may be a matter of construction. In 1867 the legislature so far departed
from the letter of the constitution as to provide that the judges should
be elected as justices or judges of the supreme court, without designating
any person as chief justice, and that the senior judge in service should
be chief justice. An even number of judges were found to work great
inconvenience, because on some questions of importance there was an
equal division, and hence no decision of the higher court, and thereby
the decision of the lower court was rendered final. In I885 a bill was
introduced in the state senate by Senator Hubbell, of Houghton county,
providing for an additional judge. An examination of the convention
debates of 1850, made at his request, showed quite clearly that the
intention was to have a bench of four judges only. Whether this was
his reason for not pressing his bill is not known, but no action was had
upon it at that session. At the next session a bill was passed for a
fifth judge with a ten-year term."
By an act approved April 8, I85I, the circuit courts were rearranged
and the Sixth judicial circuit created, composed of the counties of St.
Clair, Macomb, Oakland and Sanilac. By an act approved March I8,
I869, the Sixth circuit was again rearranged and made to consist of
the counties of Oakland and Lapeer, and the Sixteenth judicial circuit
was created, composed of Macomb, St. Clair, Sanilac and Huron counties.
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