Legal Opinion · Concurrence

Auditor General v. Board of Supervisors

Michigan Supreme Court

Decided December 30, 1891Published

Mandamus. Delator applied for mandamus to compel respondent to levy the State tax apportioned to the county of Menominee for the year 1891. The facts are stated in the opinions.

1ConcurrenceMorse, J.

I concur in the result reached by Mr. Justice McGrath in this case, but desire to add this in relation to the verity of the journals of the Leislature.

There is no court in the United States that has ever held that parol proof could be introduced to alter or contradict the record of the legislature as made by its journals. Such a ruling would put the validity of the passage of every law in issue, and its determination would be a question of fact to be settled upon verbal proof by a jury. I venture the assertion that no such decision will ever be made by any reputable court, unless the demands…

2Cases cited17 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. State v. CarrollSupreme Court of Connecticut · 1871
  3. People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
  4. Board of Auditors v. BenoitMichigan Supreme Court · 1870
  5. Attorney General v. RiceMichigan Supreme Court · 1887

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