Crawford v. Township Boards of Scio & Webster
Michigan Supreme Court
Motion to dismiss certiorari on the grounds: 1. Of acquiescence of plaintiff in error in subsequent proceedings, such as to estop him from contesting the proceedings in question; 2. That the writ ran to the wrong parties defendant.
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Motion to dismiss certiorari on the grounds: 1. Of acquiescence of plaintiff in error in subsequent proceedings, such as to estop him from contesting the proceedings in question; 2. That the writ ran to the wrong parties defendant. The writ was a common-law certiorari from this court, directed to the township boards of the two townships of Scio and Webster, in the county of Washtenaw, Michigan, to bring up for review in this court the proceedings of the boards of the two townships, sitting as a single joint board upon a petition presented to them for the removal of said Crawford from the…
1Opinion of the Court
The Court held that the boards whose action is to be reviewed and in whose hands the record of that action remains, are proper parties defendant and must make the return to the writ; that upon the question of acquiescence of the plaintiff in error, in the proceedings of the district meeting, the affidavits are in conflict, and a further showing would not remove that conflict, and that the motion to dismiss can only be granted on that ground when the acquiescence is undisputed.
Motion denied.
2Cited by6 opinions
- State ex rel. Brewster v. MohlerSupreme Court of Kansas · 1916
- McGregor v. Board of SupervisorsMichigan Supreme Court · 1877
- In re the Application of EvingsonNorth Dakota Supreme Court · 1891
- Simon v. Portland Common CouncilOregon Supreme Court · 1881
- Wood v. RiddleOregon Supreme Court · 1886
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