Legal Opinion

People ex rel. Superintendent of Public Instruction v. Auditor General

Michigan Supreme Court

Decided December 5, 1863PublishedCited by 1 opinion

Motion for a mandamus. The motion was made for the purpose of settling doubts which existed as to the rights of the primary school fund in the proceeds and value of swamp lands, donated to the State by act of Congress of September 28, 1850, and those subsequently sold or appropriated for roads under the legislation referred to by the Court.

1Opinion of the Court

By the Court:

The relator claims that, by an act of 1857, (Comp.L. p. 799,) seventy-five per cent of the proceeds of swamp, lands was irrevocably devoted to the school fund. The act of 1858 (S. L. 1858 p. 169) reduced this amount to fifty per cent, and acts have since been passed (S. L. 1859, p. 310; S. L. 1861, p. 461) appropriating parcels of land specifically towards roads and other improvements. The relator claims that seventy-five per cent of the proceeds of lands sold since 1858, and seventy-five per cent of the value of the lands so appropriated for improvements, should be paid into the…

2Cited by1 opinion

  1. Board of Supervisors v. Auditor GeneralMichigan Supreme Court · 1888

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