Home/Michigan Supreme Court/Duffy v. City of Saginaw

Duffy v. City of Saginaw

106 Mich. 335
CourtMichigan Supreme Court
DecidedSeptember 20, 1895
StatusPublished
Cited by2 cases

This text of 106 Mich. 335 (Duffy v. City of Saginaw) 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
Duffy v. City of Saginaw, 106 Mich. 335 (Mich. 1895).

Opinion

McGrath, C. J.

This is a bill to cancel a paving assessment upon three grounds: First, that there was no legal advertisement forbids before letting the contract; second, that no detail estimate of the cost of the improvement was certified to the council; third, that the certificate of the board of public works to the assessment roll is no! valid, because it was not signed by the members of such, board.

Section 3, tit. 13, of the charter provides that the board' of public works “shall -advertise for proposals for the furnishing of material and for the performance of such work.” Local Acts 1889, p. 946. The time is n-o-t fixed by the charter. The records of the board show that on Monday, the 27th day of June, 1892, the board met, and ordered the clerk to “advertise for proposals until 12.. o’clock noon, Saturday, July 9, 1892.” The testimony shows that the advertisement actually made was published in the official newspaper, but that it was not published on the 28th or 29th of June, but [337]*337appeared for tbe first time in the issue of June 30th. There is no force in this objection. The time for which the publication should be made was a matter for the determination of the board. The board received the bids, and must be presumed to have ratified the action of the clerk, and determined that the advertisement was for a sufficient period. Updegraff v. Palmer, 107 Ind. 181; Taber v. Ferguson, 109 Ind. 227; Beniteau v. City of Detroit, 41 Mich. 116.

Section 5 of title 6 of the charter provides that when the improvement is completed, or as soon thereafter as may be convenient, the board of public works “shall prepare a detail statement of the cost of such improvement, showing the amount to be assessed upon the property benefited as provided by the resolution ordering the said improvement.” Local Acts 1891, p. 402. Section 6 provides that “the same shall'be certified to . the common council, and, when such statement shall have been approved by the common council, the same shall be certified to the board of public works, who shall proceed without unnecessary delay to make an assessment,” etc.

The statement submitted contained the following details:

akUppV6A6SQY5QE1pdRr4x4zODHD3e

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

Related

Auditor General v. Bishop
125 N.W. 715 (Michigan Supreme Court, 1910)
Nowlen v. City of Benton Harbor
96 N.W. 450 (Michigan Supreme Court, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
106 Mich. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-v-city-of-saginaw-mich-1895.