Township of Higgins v. Supervisors of Midland County
Township of Higgins v. Supervisors of Midland County
Opinion of the Court
'Relators applied for a mandamus to compel respondents to provide for payment of a balance due on settlement of accounts arising in this way.
The only defense savoring of merit that was put in arose out of a subsequent cancellation of tax sales by chancery decrees out of which it was claimed Midland county would suffer or had suffered reductions of its credits with the State, and would be entitled to contribution from Roscommon. But it appears that Midland has suffered nothing -on this account. The same question was raised on a former controversy in this Court between Roscommon township and the respondents, reported in 19 Mich. 151.
Leaving this out, there .is no showing whatever that in any degree impugns the correctness of the balance referred to; and this item of canceled taxes has been known to have, no basis, for a long period, and for some years before this proceeding was commenced.
In showing cause in this class of cases all matters appearing of record ought to be frankly set forth as they stand. It turned out before this cause came to a hearing that the-issues were all record issues and of such a nature that, there was no good reason for contesting them. The delay in maturing the cause has been unreasonable and without: good cause. The public interests require these local:
A peremptory mandamus will be allowed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.