Horn v. Board of Supervisors
Michigan Supreme Court
Certiorari to Livingston; Smith, J. Mandamus by George Horn, drain commissioner of Livingston county, to compel the board of supervisors of said county to order the spreading of a drain tax. From an order granting the writ, respondent brings certiorari. The relator, the drain commissioner, of Livingston county, upon a proper petition, took proceedings to widen, deepen, and clean out an old drain.
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Certiorari to Livingston; Smith, J. Mandamus by George Horn, drain commissioner of Livingston county, to compel the board of supervisors of said county to order the spreading of a drain tax. From an order granting the writ, respondent brings certiorari. The relator, the drain commissioner, of Livingston county, upon a proper petition, took proceedings to widen, deepen, and clean out an old drain. The proper order was made, the cost apportioned between the two townships, and an assessment district established, in which a portion of the cost was assessed according to benefits. The contract for…
1Opinion of the CourtGrant, J.
(after stating the facts). Two defects are relied upon: (1) That the commissioner changed the depth of the drain from a depth of 7 feet to that of 6, and (2) that he adjourned the review of the assessments beyond the date of letting the contract. The change actually made was only sixteen-hundredths of a foot, and there is no claim that any one was injured by this insignificant change in depth. The original order was for a drain 7 feet deep. By a mistake of the surveyor, on which the order was based, its depth was fixed at 7.84 feet. To correct this error of the surveyor, the change was made,…
2Cases cited3 opinions
- Moore v. McIntyreMichigan Supreme Court · 1896
- Township of Swan Creek v. BrownMichigan Supreme Court · 1902
- Robbins v. BarronMichigan Supreme Court · 1876
3Cited by7 opinions
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- Jones v. GableMichigan Supreme Court · 1907
- Troost v. FellowsMichigan Supreme Court · 1912
- Township of Clinton v. TeachoutMichigan Supreme Court · 1907
- Duryea v. EdingerMichigan Supreme Court · 1912
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