Mathias v. Mason
Michigan Supreme Court
Certiorari to the drain commissioner of Shiawassee county to review his proceedings for laying out and establishing two drains. The facts are stated in the opinion.
1Opinion of the CourtCampbell, C. J.
In those two cases plaintiff in certiorari complains of certain irregularities which, if well alleged, and if so declared, he claims would avoid the assessments charged against him. The return takes some exceptions to his standing in court on the general merits, but shows further that he has paid the assessments under protest, and sued to recover back the money.
As a certiorari is not a matter of right in these cases, it has generally been refused if other remedies are available, unless under peculiar circumstances. Here the plaintiff has elected another remedy, under which he can obtain full…
2Cited by1 opinion
- People v. JamesMichigan Supreme Court · 1909