Smith v. Jones
Michigan Supreme Court
Certiorari to Wayne; Rohnert, Hosmer, and Brooke,, JJ. Mandamus by Arthur B. Smith, treasurer of school district No. 1 of the township of Monguagon, to compel George D. Jones, supervisor of said township, to spread a certain tax. From an order denying the writ (Brooke, J., dissenting), relator brings certiorari. In 1903 the treasurer of the township of Monguagon defaulted in his accounts.
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Certiorari to Wayne; Rohnert, Hosmer, and Brooke,, JJ. Mandamus by Arthur B. Smith, treasurer of school district No. 1 of the township of Monguagon, to compel George D. Jones, supervisor of said township, to spread a certain tax. From an order denying the writ (Brooke, J., dissenting), relator brings certiorari. In 1903 the treasurer of the township of Monguagon defaulted in his accounts. Among the moneys embezzled by him or his deputy were $3,360.97 of school-district moneys belonging to school district No. 1 of said township. The relator brought suit by mandamus against the treasurer of…
1Opinion of the CourtGrant, J.
(after stating the facts). The township is not liable at the common law for the defalcations of its treasurer. Township of Hart v. County of Oceana, 44 Mich. 417 (6 N. W. 863). We must, therefore, look to the statute to ascertain whether the township is made liable for the various funds which the township treasurer collects and neglects to pay over as required by law. The *534school district has no voice in the giving of the bond. The bond is to be executed to the township, with such sureties as the supervisor shall require and approve. 1 Comp. Laws, § 2354. Formerly the law made the township…
2Cases cited1 opinion
- Township of Hart v. County of OceanaMichigan Supreme Court · 1880
3Cited by2 opinions
- School District v. City of LansingMichigan Supreme Court · 1932
- Attorney General v. BruceMichigan Supreme Court · 1921