La Fromboise v. Porter

With the modification that costs cannot be taxed against either party, 1 Comp. Laws 1929, § 3540, I think the decree should be affirmed.

The remaining question is whether an affidavit of publication of a tax petition, taken before the publisher of the newspaper in which the petition was published, he acting as notary public, is void for his interest; the publisher not being a party to the tax proceeding.

Counsel conceded that if the notary was disqualified for interest, the court acquired no jurisdiction to enter the tax decree.

The nature of the interest which will disqualify a notary depends…