Dubois v. Riley Township Board
Michigan Supreme Court
Error to'Clinton; Stone, J. Certiorari by Isaac E. Dubois against the township hoard and the highway commissioner of the township of Riley to review the proceedings of such board on an appeal from an order of the commissioner establishing a highway. From an order quashing the proceedings and requiring the board to reconvene, defendants bring error.
1Opinion of the CourtGrant, J.
Upon appeal to the township board from the decision of a highway commissioner in establishing a public highway, is the deputy township clerk competent to sit as a member of the hoard in the proceedings upon appeal, under 2 Comp. Laws 1897, § 4042 ? The clerk in this case had become incapacitated from sitting as a member of the board by reason of his having sat in the same matter upon a former appeal. Locke v. Highway Com’r, 107 Mich. 631 (65 N. W. 558).
The township board consists of two justices of the peace, the supervisor, and the township clerk. 1 Comp. Laws 1897, § 2343. In case of the…
2Cases cited4 opinions
- Whitbeck v. Common CouncilMichigan Supreme Court · 1883
- Ritter v. DanielsMichigan Supreme Court · 1882
- Wilson v. NewtonMichigan Supreme Court · 1891
- Locke v. Highway CommissionerMichigan Supreme Court · 1895
3Cited by6 opinions
- Carroll v. City CommissionMichigan Supreme Court · 1934
- Loomis v. HartzMichigan Supreme Court · 1911
- Bettendorf v. F. W. Woolworth Co.Michigan Supreme Court · 1951
- Kennedy v. Van Buren County Drain CommissionerMichigan Supreme Court · 1916
- In Re Motor Truck Transp. Co.Michigan Supreme Court · 1934
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