Vossen v. City of St. Clair
Michigan Supreme Court
Appeal from St. Clair; Law and Tappan, JJ. Bill by Jacob Vossen, Henry Rankin, John C. Pringle, Henry Fish, and Detlef Franck against the city of St. Clair to enjoin the performance of a contract. Defendant filed an answer in the nature of a cross-bill, bringing in as defendants A. C. Marshall, E. J. Ottaway, and Hugh H. Hart, parties to said contract, and prayed for the cancellation and surrender of the same. From a decree for cross-complainant, defendants appeal.
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Appeal from St. Clair; Law and Tappan, JJ. Bill by Jacob Vossen, Henry Rankin, John C. Pringle, Henry Fish, and Detlef Franck against the city of St. Clair to enjoin the performance of a contract. Defendant filed an answer in the nature of a cross-bill, bringing in as defendants A. C. Marshall, E. J. Ottaway, and Hugh H. Hart, parties to said contract, and prayed for the cancellation and surrender of the same. From a decree for cross-complainant, defendants appeal. The city of St. Clair, which is of the fourth class, owned and operated a waterworks, and, in connection, an electric light…
1Opinion of the CourtOstrander, J.
(after stating the facts). The meritorious question is whether the use of this money in performance of the contract will be a diversion thereof which the common council could not by the vote given legally order. That the vote was not sufficient to create an obligation on the part of the city to be met by taxation, or to lay a tax, is clear. Unless it amounted to a mere distribution of funds already on hand to the purposes for which the funds were raised (Bishop v. Lambert, 114 Mich. 110; compare Tennant v. Crocker, 85 Mich. 328), .there was no proper action of the common council. The city had…
2Cases cited5 opinions
- Tennant v. CrockerMichigan Supreme Court · 1891
- Mills v. City of DetroitMichigan Supreme Court · 1893
- Bishop v. LambertMichigan Supreme Court · 1897
- Smedley v. City of Grand HavenMichigan Supreme Court · 1900
- City of Centerville v. Fidelity Trust & Guaranty Co.Court of Appeals for the Eighth Circuit · 1902
3Cited by1 opinion
- Oakland County Drain Com'r v. City of Royal OakMichigan Supreme Court · 1943