Bristol v. Johnson
Michigan Supreme Court
Appeal in Chancery from Barry Circuit. This bill was filed to restrain the collection of a tax in the sum of six hundred dollars, assessed as a township tax for the year 1873, in the township of Johnstown, for the-use and benefit of one Henry -Bera, a former treasurer of said township, to reimburse him for moneys he had paid over to the township to make good an amount of township moneys which. he had lost by robbery while he jvas such treasurer.
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Appeal in Chancery from Barry Circuit. This bill was filed to restrain the collection of a tax in the sum of six hundred dollars, assessed as a township tax for the year 1873, in the township of Johnstown, for the-use and benefit of one Henry -Bera, a former treasurer of said township, to reimburse him for moneys he had paid over to the township to make good an amount of township moneys which. he had lost by robbery while he jvas such treasurer. The tax -was leyied by virtue of an act of the legislature, being Act No. 387 of the Session Laws of 1873. t On the hearing below, the bill was…
1Opinion of the Court
Graves, J:
Hpon full consideration the court fail to see any distinction in principle between this case and others decided formerly. After the reception by Mr. Bera, as township tfeas■urer, of money for the public,.it may be assumed to have-been taken from him by robbery, as he claims, and there would seem to be no doubt about its having been so taken *124from him. After the loss, he obtained an equal amount by pledging his private estate and applied it to make good the deficiency. The public was thus made whole, and he was not in debt to' it, and neither wras the public, by this spontaneous…
2Cases cited2 opinions
- Scofield v. City of LansingMichigan Supreme Court · 1868
- People ex rel. Gale v. Supervisor of OnondagaMichigan Supreme Court · 1867
3Cited by13 opinions
- McSurely v. McGrewSupreme Court of Iowa · 1908
- State ex rel. City of New Richmond v. DavidsonWisconsin Supreme Court · 1902
- Miller v. HenryOregon Supreme Court · 1912
- Upjohn v. Board of HealthMichigan Supreme Court · 1881
- McClelland v. State ex rel. SpeerIndiana Supreme Court · 1894
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