Legal Opinion

Tivey v. People ex rel. Townsend North

Michigan Supreme Court

Decided May 4, 1860PublishedCited by 7 opinions

Error to Tuscola Circuit. February 10th, 1855, an act was passed by the Legislature, providing that, for the purpose of improving a highway from Lower Saginaw to the village of Vassar, in Tuscola county, and from thence to some point to be selected near the center of town ten north of range eight east, with branches to the village of Goodrich, and to the village of'Lapeer, all the -non-resident highway taxes which should be assessed within the limits of the surveyed…

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Error to Tuscola Circuit. February 10th, 1855, an act was passed by the Legislature, providing that, for the purpose of improving a highway from Lower Saginaw to the village of Vassar, in Tuscola county, and from thence to some point to be selected near the center of town ten north of range eight east, with branches to the village of Goodrich, and to the village of'Lapeer, all the -non-resident highway taxes which should be assessed within the limits of the surveyed townships, through or into which such highway should pass, excepting the south half of the township of Tuscola and certain other…

1Opinion of the Court

Christiancy J.:

The non-resident highivay taxes which the township treasurer was, by the mandamus, commanded to pay over to the relator, were not raised by virtue of the act of February 10th, 1855, but were assessed and collected under the general highway tax law; and this general law, but for the act of 1855, required the money to be expended in the several road districts, in which and for which it was raised. The act of 1855 undertook to divert the tax, after it should be collected, from the purposes for which it was assessed, and to authorize its expenditure in any part of the county upon…

2Cases cited3 opinions

  1. Norris v. CrockerSupreme Court of the United States · 1852
  2. Stoever v. ImmellSupreme Court of Pennsylvania · 1832
  3. Williams v. County CommissionersSupreme Judicial Court of Maine · 1853

3Cited by7 opinions

  1. Breitung v. LindauerMichigan Supreme Court · 1877
  2. Wylie v. City Commission of Grand RapidsMichigan Supreme Court · 1940
  3. Lamb v. SchottlerCalifornia Supreme Court · 1880
  4. Life Insurance Co. v. SpratleyTennessee Supreme Court · 1897
  5. Lears v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1908

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