Moran v. Darby
Moran v. Darby
Opinion of the Court
This proceeding was instituted to test the validity of the action of the board of supervisors of Kalkaska county in ordering and declaring the result of an election by which it was determined to prohibit the-sale of liquor in the county, under. Act No.. 207, Laws of 1889.
The record of the proceedings is fatally defective, in that it contains no designation by the board of the paper in which the publication of the resolution of prohibition is to-be made. Section 14 makes it the duty of the clerk to publish in a newspaper, β to be designated by the board/ a copy of the preamble and resolution relating to the order of prohibition, and provides that the affidavit of publication shall be filed with the clerk of the board, who shall spread the same on the records folloAving the record of the adoption of the resolution of prohibition, and- that βthe said clerk shall state next on the record the date Avhen said notice and affidavit of publication Avas entered for record, and shall then sign the record officially." This section makes the record of such resolution of prohibition, and of the publication of notice, etc., eA'idence of the facts therein stated.
It is contended that inasmuch as the board of supervisors had in October, 1891, let the county printing to certain papers, that was a sufficient designation. But the statu fe
It is unnecessary to consider the other questions raised.' 'The mandamus will issue as prayed.
Reference
- Full Case Name
- John Moran v. Frank E. Darby, Treasurer of Kalkaska County
- Status
- Published