Michigan Supreme Court, 1875

People ex rel. Scott v. Township Board of Bingham

People ex rel. Scott v. Township Board of Bingham
Michigan Supreme Court · Decided October 22, 1875 · Oueiam
32 Mich. 492; 1875 Mich. LEXIS 220

Counsel

George H. Engle and Hoyt Post, for relator., Richard Winsor and H. B. Carpenter, for respondents.

People ex rel. Scott v. Township Board of Bingham

Opinion of the Court

Pee OueiaM:

■ One claiming to have been elected supervisor, and proceeding by information on his own account, and not by direction of the township, to establish his right, does not *494thereby create any legal liability against the township to defray his costs and expenses in the litigation.

Whatever costs and expenses he may be put to in such a case are personal and neither constitute a legal debt of the township or a binding demand against it.

The debt then incurred by the relator in this case in the prosecution of the information was his own debt, and not that of the township. He recovered costs in the replevin suit and chose to apply them to pay the costs against him in the information, and in so doing he' used the amount so awarded to him to. pay his own debt. He did not thereby lay any legal obligation on the’ township to reimburse him with the amount.

The writ must be refused, with costs, against, the relator.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.