Board of Road Com'rs v. Board of Auditors
Michigan Supreme Court
Certiorari to Wayne; Mandell, Brooke, and Murphy, JJ. Mandamus by the board of county road commissioners of Wayne county to compel the board of county auditors of Wayne county and Forbes Robertson, county treasurer, to audit and pay a warrant on the county road fund. There was an order denying the writ, and relator brings certiorari.
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Certiorari to Wayne; Mandell, Brooke, and Murphy, JJ. Mandamus by the board of county road commissioners of Wayne county to compel the board of county auditors of Wayne county and Forbes Robertson, county treasurer, to audit and pay a warrant on the county road fund. There was an order denying the writ, and relator brings certiorari. In 1893, the Constitution.of this State was amended by adding to article 4 a new section, to stand as section 49, which section read as follows: “ Sec. 49. The legislature may provide for the laying out, construction and maintenance of county and township roads,…
1Opinion of the CourtOstrander, J.
(after stating the facts). The case has been so fully stated in order that the scope of the attack which is made upon the act may be seen, and the points which we do not consider, as well as those which we consider, may be understood. We cannot avoid a consideration of the validity of the act to the point where we conclude that reason is shown for granting Or for denying the relief which is asked for. Beyond that point, we are not required to go.
It will be noticed that the constitutional amendment of 1893, like the one of 1899, while in some respects limiting the powers of the legislature, is…
2Cases cited5 opinions
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Lawrence v. HanleyMichigan Supreme Court · 1891
- Board of Supervisors v. Supervisor of MentorMichigan Supreme Court · 1892
- People ex rel. Attorney-General v. LothropMichigan Supreme Court · 1872
- Campau v. Highway CommissionerMichigan Supreme Court · 1903
3Cited by8 opinions
- Attorney General ex rel. Common Council v. MarxMichigan Supreme Court · 1918
- Attorney General ex rel. Barnes v. Board of SupervisorsMichigan Supreme Court · 1914
- Township of Ross v. Michigan United Railways Co.Michigan Supreme Court · 1911
- Pryzbylowski v. Board of Commissioners of the PoorMichigan Supreme Court · 1915
- Zimmer v. Board of SupervisorsMichigan Supreme Court · 1909
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