Legal Opinion

Scholtz v. Smith

Michigan Supreme Court

Decided April 4, 1899PublishedCited by 8 opinions

Certiorari to Gratiot; Daboll, J. Mandamus by Charles A. Scholtz, drain commissioner of Gratiot county, to compel Gordis Smith, supervisor of Pine River township, to spread a drain tax upon the assessment roll of said township. From an order granting the writ, respondent brings certiorari.

1Opinion of the CourtHooker, J.

The relator is drain commissioner of the county of Gratiot, and the respondent is supervisor of the township of Pine River, in said county. In 1898 the former attempted to lay out and construct a drain, called “Drain No. 104,” and to procure the assessment of the cost thereof, as required by law, upon the township, and owners of lands benefited thereby. The board of super*635visors ordered the assessment spread upon the roll, but the respondent refused to do so, attempting to justify his action by an order of the township board directing him not to spread it. The relator applied to the- circuit…

2Cases cited3 opinions

  1. Board of Supervisors v. Supervisor of MentorMichigan Supreme Court · 1892
  2. Laubach v. O'MearaMichigan Supreme Court · 1895
  3. Nugent v. ErbMichigan Supreme Court · 1892

3Cited by8 opinions

  1. Romulus City Treasurer v. Wayne County Drain CommissionerMichigan Supreme Court · 1982
  2. Romulus City Treasurer v. Wayne County Drain CommissionerMichigan Court of Appeals · 1978
  3. Board of State Tax Commissioners v. QuinnMichigan Supreme Court · 1900
  4. Sherwood v. RynearsonMichigan Supreme Court · 1905
  5. Canal Construction Co. v. SchlickumMichigan Supreme Court · 1905

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