People ex rel. Martin v. Board of Auditors
Michigan Supreme Court
Petition for mandamus. The relator presented his petition to this Court, setting forth in substance that prior to April, a. d. 1858, he was an acting justice of the peace of Detroit; that, in that month, he made out his account against the county of Wayne, for services rendered as such justice in criminal proceedings, which account amounted to one hundred dollars and fifty cents, and was presented to, and allowed by, the Board of Auditors of said county, on the 16th day of…
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Petition for mandamus. The relator presented his petition to this Court, setting forth in substance that prior to April, a. d. 1858, he was an acting justice of the peace of Detroit; that, in that month, he made out his account against the county of Wayne, for services rendered as such justice in criminal proceedings, which account amounted to one hundred dollars and fifty cents, and was presented to, and allowed by, the Board of Auditors of said county, on the 16th day of April, 1858; that, upon making application to said board for their warrant upon the county treasurer for the amount of…
1Opinion of the Court
The Chief Justice:
The answer in this case is clearly insufficient. The relator was entitled to the warrant of the board, upon the county treasurer, for the amount alio wed. him, and it is no sufficient reply to his application therefor that the board made out the warrant, but some one else has taken it away, and obtained payment upon it. They must show its delivery to him, or what is equivalent.
An order for the payment of money, as this was, or a promissory note, or any other such chose in action, is not the subject of levy on execution; and permitting the constable to take away the warrant,…
2Cited by10 opinions
- Harvey v. LewisMichigan Court of Appeals · 1968
- McBride v. City of Grand RapidsMichigan Supreme Court · 1881
- Whiting v. ButlerMichigan Supreme Court · 1874
- Robertson v. Board of Library TrusteesCalifornia Supreme Court · 1902
- Jensen v. Oceana Circuit JudgeMichigan Supreme Court · 1916
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