Kalamazoo Township v. Kalamazoo County Clerk

I am not in accord with the following in the opinion of Mr. Justice Kelly:

“Because the objection that there was an absence of signers from the city of Kalamazoo was not raised at the hearing before the board, at the trial, or in the reasons and grounds for appeal, we will not consider it on this appeal.”

It clearly appears that the petition did not contain signatures of qualified electors who were freeholders of the city of Kalamazoo. PA 1909, No 279, § 6 (CL 1948, §117.6 [Stat Ann 1949 Rev § 5.2085]), provides:

“Cities may be incorporated or territory detached therefrom or added thereto, or…