Board of Supervisors of Presque Isle County v. Thompson
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United Slates for the Eastern District of Michigan. This was a writ of error to reverse an order of the circuit court for the eastern district of Michigan directing the issue of a peremptory writ of mandamus to compel the levy of a tax to pay three judgments against a school district in the county of Presque Isle, in Michigan.
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In Error to the Circuit Court of the United Slates for the Eastern District of Michigan. This was a writ of error to reverse an order of the circuit court for the eastern district of Michigan directing the issue of a peremptory writ of mandamus to compel the levy of a tax to pay three judgments against a school district in the county of Presque Isle, in Michigan. Charles S. Thompson, the plaintiff below, filed his petition, averring: That he had recovered in the court below three judgments, aggregating $8,297.08, against the Union school district of the township of Rogers, in the county of…
1Opinion of the CourtTaft, Circuit Judge
The first objection to the issuance of the writ is that the defendant named in the judgment, the Union school district of the township of Rogers, is nothing but a name, and has no corporate existence. Therefore, it is said that the judgment is a nullity, and cannot be enforced by levying taxes, or in any other way. The existence of the district is denie.d on the ground that the act purporting to create it was unconstitutional. The district, for five years at least, exercised all the franchises and privileges of such a corporation throughout the territory embraced by its act of incorporation;…
2Cases cited24 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- United States v. BoutwellSupreme Court of the United States · 1873
- People v. MaynardMichigan Supreme Court · 1867
- Stuart v. School District No. 1Michigan Supreme Court · 1874
19 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hanley v. City of MedfordOregon Supreme Court · 1910
- Fleming v. TrowsdaleCourt of Appeals for the Sixth Circuit · 1898