Legal Opinion

McDonald v. Township of Springwells

Michigan Supreme Court

Decided March 31, 1908No. Docket No. 100PublishedCited by 1 opinion

Appeal from Wayne; Hosmer, Donovan, Brooke, and Murphy, JJ. Bill by John C. McDonald and others to enjoin the township of Springwells and its officers from selling, transferring, or otherwise disposing of certain bonds. From a decree for complainants, defendants appeal. The electors of the township of Springwells, in the county of Wayne, at an election held April 1, 1907, by a vote of 152 to 122, voted to bond the township for $60,000 to be used to pave a road.

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Appeal from Wayne; Hosmer, Donovan, Brooke, and Murphy, JJ. Bill by John C. McDonald and others to enjoin the township of Springwells and its officers from selling, transferring, or otherwise disposing of certain bonds. From a decree for complainants, defendants appeal. The electors of the township of Springwells, in the county of Wayne, at an election held April 1, 1907, by a vote of 152 to 122, voted to bond the township for $60,000 to be used to pave a road. The circuit court, in chancery, for Wayne county, on the complaint of a number of taxpaying electors of the township, by a decree…

1Opinion of the CourtOstrander, J.

(after stating the facts). The act, in my opinion, embraces an object not expressed in its’ title. There may be ground for differences of opinion upon the point that the provision for a new board, created by the act, to make contracts and to disburse the fund, is within the general purpose of the act. There can be no differences of opinion upon the point that the title to the act does not indicate, or intimate, that the contracts to be let and the fund to be disbursed shall be under the control, not of the regularly elected township officers, but of a new board, created by the act itself,…

2Cases cited2 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Campau v. Highway CommissionerMichigan Supreme Court · 1903

3Cited by1 opinion

  1. Bloss v. SchreiterMichigan Supreme Court · 1917

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