Aylesworth v. Gratiot County
U.S. Circuit Court for the District of Eastern Michigan
At Law. This was an action upon certain orders originally issued to one John Scriven for work done and materials furnished in the construction of two drains in the defendant county, such drains.being located in the townships of Newark, New Haven, and Arcada, and no other.
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At Law. This was an action upon certain orders originally issued to one John Scriven for work done and materials furnished in the construction of two drains in the defendant county, such drains.being located in the townships of Newark, New Haven, and Arcada, and no other. These orders were issued in pursuance of Act 43, Laws 1869, as amended by Act No. 169, Laws 1871. To the special count in the declaration were also attached the common counts, together with copies of these orders, which were signed by the drain commissioner and countersigned by the chairman and clerk of the board of…
1Opinion of the CourtBbown, J.
While this is nominally an action to recover the amount of these orders from the county, the real object is to procure the issue of *352a writ of mandamus for the collection of this tax from the property benefited by the drain. Several defenses are interposed, which I will proceed to consider in their order.
1. That the orders created no obligation against the county. If by this it is intended merely to urge that the orders created no debt against the county which, as a municipal corporation, it is bound to pay, the position taken is correct. It is well settled that, where public improvements are…
2Cases cited22 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Claiborne County v. BrooksSupreme Court of the United States · 1884
- Brill v. . TuttleNew York Court of Appeals · 1880
- Mayor v. RaySupreme Court of the United States · 1874
- Davenport v. County of DodgeSupreme Court of the United States · 1882
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Board of Com'rs v. IrvineCourt of Appeals for the Eighth Circuit · 1903
- Royal Oak Drain Dist., Oakland County, Mich. v. KeefeCourt of Appeals for the Sixth Circuit · 1937
- Cushman v. Warren-Scharf Asphalt Paving Co.Court of Appeals for the Seventh Circuit · 1915
- Fuller v. AylesworthCourt of Appeals for the Sixth Circuit · 1896
- Herring v. Modesto Irr. Dist.U.S. Circuit Court for the District of Northern California · 1899
3 more not listed; retrieve them via the Exa API.