Camp v. Township of Algansee

Michigan Supreme Court

Camp v. Township of Algansee

14 N.W. 672, 50 Mich. 4, 1883 Mich. LEXIS 696

CourtMichigan Supreme Court

DecidedJanuary 17, 1883

StatusPublished

Cited by12 cases

This text of 14 N.W. 672 (Camp v. Township of Algansee) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Camp v. Township of Algansee, 14 N.W. 672, 50 Mich. 4, 1883 Mich. LEXIS 696 (Mich. 1883).

Pincite

Opinion

Graves, C. J.

Under color of proceedings, which were not lawful, to lay out a drain, a tax was assessed against the plaintiff which he paid under protest. He then brought this action of assumpsit to recover it back and the court entered judgment for him. The facts appear in a finding by the circuit judge and we are satisfied that the case which they present is governed by Damson v. Township of Aurelius, 49 Mich. 479.

The suggestion of a distinction is without force. It is said that in the case cited the money never went into the hands of the township treasurer, while in the case at bar the fact is expressly found. But the money went into the hands of that officer in point of fact as effectually in the former case as it did in this. The legal view of the transaction is that it was not a “ township matter.” An interpretation of the provisions shows that in such cases the “ treasurer ” does not receive or hold for the township, nor stand in such relation to it as to make it responsible for • his [5]*5doings. The township conld as well be sued for a wager in the treasurer’s hands as for money obtained and held as this was, so far as appears.

The judgment must be reversed and one entered here for the defendant with the costs of both courts.

The other Justices concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Graves, C. J.

Under color of proceedings, which were not lawful, to lay out a drain, a tax was assessed against the plaintiff which he paid under protest. He then brought this action of assumpsit to recover it back and the court entered judgment for him. The facts appear in a finding by the circuit judge and we are satisfied that the case which they present is governed by Damson v. Township of Aurelius, 49 Mich. 479.

The suggestion of a distinction is without force. It is said that in the case cited the money never went into the hands of the township treasurer, while in the case at bar the fact is expressly found. But the money went into the hands of that officer in point of fact as effectually in the former case as it did in this. The legal view of the transaction is that it was not a “ township matter.” An interpretation of the provisions shows that in such cases the “ treasurer ” does not receive or hold for the township, nor stand in such relation to it as to make it responsible for • his [5]*5doings. The township conld as well be sued for a wager in the treasurer’s hands as for money obtained and held as this was, so far as appears.

The judgment must be reversed and one entered here for the defendant with the costs of both courts.

The other Justices concurred.

Cite This Page — Counsel Stack

Bluebook (online)

14 N.W. 672, 50 Mich. 4, 1883 Mich. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camp-v-township-of-algansee-mich-1883.

Opinion

Related

Cite This Page — Counsel Stack