Phenix v. Clark
Michigan Supreme Court
Error to St. Clair Circuit Court. Au assessment roll was taken by the plaintiffs in error from the possession of the defendant in error, who was supervisor of the township of China, St. Clair county: Plaintiffs in error being highway commissioners of said township, and claiming the right to take and keep the roll until they had completed the assessment of the highway taxes of their township, as it was their duty by law to do.
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Error to St. Clair Circuit Court. Au assessment roll was taken by the plaintiffs in error from the possession of the defendant in error, who was supervisor of the township of China, St. Clair county: Plaintiffs in error being highway commissioners of said township, and claiming the right to take and keep the roll until they had completed the assessment of the highway taxes of their township, as it was their duty by law to do. Defendant in error sued out a writ of replevin in the St. Clair County Court, by virtue of' which the roll was taken, and on the trial of the replevin suit, judgment,…
1Opinion of the Court
By the Court, Pratt, J.
In this case several questions were mooted by counsel on the argument, which need not now be considered. There are, however, some presented by the record, of sufficient importance for consideration, and upon which the case must be determined.
This action was properly brought in the name of the supervisor, who was ex-officio assessor of his township, and especially required by statute to preserve and keep all books, assessment rolls, and other papers belonging to his office, &c.. (B. S. of 1840, p. 91.) By this provision he was not only required to preserve and keep the…
2Cited by2 opinions
- Riley v. LittlefieldMichigan Supreme Court · 1890
- Abel v. TeetsSouth Dakota Supreme Court · 1912