McArthur v. Township of Duncan

Michigan Supreme Court

McArthur v. Township of Duncan

1 McGrath 1408, 34 McGrath 26

DecidedApril 18, 1876

StatusPublished

This text of 1 McGrath 1408 (McArthur v. Township of Duncan) 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

McArthur v. Township of Duncan, 1 McGrath 1408, 34 McGrath 26 (Mich. 1876).

Pincite

Opinion

McArthur brought suit on certain orders drawn by highway commissioners on the township treasurer, who- refused payment. The trial court ruled that mandamus was the proper remedy.

Judgment affirmed April 18, 1876.

The court say: “Mandamus and not an action against the township is the proper remedy to enforce payment of orders regularly drawn by highway commissioners; the duty of the township authorities to raise the necessary funds and to malee payment is just as imperative upon the presentation of such orders as it would be after judgment against the township.”

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McArthur brought suit on certain orders drawn by highway commissioners on the township treasurer, who- refused payment. The trial court ruled that mandamus was the proper remedy.

Judgment affirmed April 18, 1876.

The court say: “Mandamus and not an action against the township is the proper remedy to enforce payment of orders regularly drawn by highway commissioners; the duty of the township authorities to raise the necessary funds and to malee payment is just as imperative upon the presentation of such orders as it would be after judgment against the township.”

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Bluebook (online)

1 McGrath 1408, 34 McGrath 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcarthur-v-township-of-duncan-mich-1876.