Compiled Laws of 1857 :
§ 806: Assessor's certificate..
4448: Issue of several executions.
Compiled Laws of 1871:
Ch. 53: Punishment of disorderly persons.
93: Building and savings associations..
95: Mining and manufacturing incorporations..
206: Proceedings in chancery against corporations..
213: Replevin.....
477: Road and bridge tax
529: Prosecuting attorney's duties.
681, 712, 713: Township treasurer's responsibility...
766: Townships; division not to affect cemeteries...
974, 978, subd. 1: Taxation of partnership personalty.
991: Assessor's certificate of valuation.....
1000: Notice of tax to township treasurer..
1004, 1013: Taxation; extensions; treasurer's bond....
1014: Suit for unpaid township taxes..
1016: Tax roll prima facie evidence of legality of tax.
2887-8: Mining corporations; notice of directors' meeting.
4291: Widow's right to remain in decedent's house.
5250: Jurisdiction of action for malicious prosecution..
5274: Writ of attachment ......
6231, subd. 7, 6232, 6238-9: Ejectment; verdict and judgment.
§ 6477, 6481: Garnishment; trial of statutory issue....
6498: Garnishment; property held under void conveyance..
6565: Sequestration of corporation property.
6724-5: Damages for fatal injury
6735: Replevin; forthcoming bond.
6751: Replevin: judgment as to part ownership..
6758-9: Replevin; non-suit; judgment for value.
6768-9: Distraining cattle....
7137: Limitation of action in ejectment..
7148, subd. 7: Limitation of actions..
7149: Limitations of actions for trespass..
7165: Limitation of actions; payment by joint debtor.
Act 105 of 1847, § 13, p. 172: Executions.....
Act 183 of 1849, pp. 227-8: School district officers
Act 25 of 1850, p. 20: School district boundaries..
Act 29 of 1855, § 13, p. 42: School district boundaries..
Act 55 of 1857, pp. 115-7: Detroit charter; jurors.....
Act 55 of 1857, ch. 9, § 3, 6, pp. 140–1: Detroit charter; assessors, 623-4
Act 126 of 1857, p. 346: Graut of lands...
Act 134 of 1859, § 21, (p. 372), § 40, (p. 383), § 46, (p. 385):
Act 143 of 1859, p. 396: Township cemeteries....
Act 157 of 1859: Grant of lands for railroads......
Act 161 of 1859, p. 446: Graded schools..
Act 136 of 1861, p. 193: Detroit charter
Act 153 of 1863, p. 283-4: Board of control of railroads.
Act 318 of 1865, p. 669: Board of control of railroads
Act 90 of 1869, vol. 1, p. 157: Township treasurer's bond...
Act 265 of 1869, ch. 6, §§ 9, 16, vol. 2, pp. 315, 317: Co-
Act 82 of 1871, vol. 1, p. 109: Stenographers..
Act 170 of 1871, § 13, vol. 1, p. 277: School districts..
Act 68 of 1873, vol. 1, p. 80: Garnishment.....
Act 79 of 1873, vol. 1, p. 99: Railroad companies...
Act 94 of 1873, vol. 1, p. 127: Damages for fatal injury..
Act 95 of 1873, vol. 1, p. 128: Accounting by guardians..
Act 119 of 1873, vol. 1, p. 164: School districts....
Act 178 of 1873, vol. 1, p. 244; City incorporation act: ch. xii,
(p. 303); police: ch. xxiii, (pp. 325-6); sidewalks........75, 76
Act 186 of 1873, vol. 1, p. 472: Ejectment; improvements...
Act 198 of 1873, vol. 1, p. 538: Fencing railroad tracks...
Act 42 of 1875, (Pub. Acts), p. 36: School teacher's moral status.
Act 123 of 1875, (Pub. Acts), p. 154: Sheriff's certificate...
Act 214 of 1875, (Pub. Acts), p. 258: Malicious prosecution....
Act 230 of 1875, (Pub. Acts), p. 281: School districts....
Act 5 of 1877, (Pub. Acts), p. 3: Attachment of corporate stock,
Act 44 of 1877, (Pub. Acts), p. 32: Alimony...
Act 77 of 1877, (Pub. Acts). pp. 60, 61: School districts.
Act 132 of 1877. (Pub. Acts) p. 121: Board of control of railroads,
Act 201 of 1877, (Pub. Acts), p. 246: Eminent domain
Act 356 of 1877, (Loc. Acts), p. 486: Wilson school district....
Act 358 of 1877, (Loc. Acts), p. 491: Long Rapids school dis-
trict
Act 362 of 1877, (Loc. Acts), p. 500: Alpena school district.
Act 97 of 1879, (Pub. Acts), p. 90: Superior Court of Detroit..
Act 110 of 1879, [§ 12], (Pub. Acts), p. 105: Ionia reformatory, 173
Act 244 of 1879, (Pub. Acts), p. 223: Damages from defective
sidewalks..
263
1. The stenographer's act (Comp. L. § 1528) contemplates that a person
appointed stenographer shall hold his office indefinitely, and inde-
pendently of the county and the electors; that the appointment
may be made for an entire judicial circuit whatever the number of
counties it contains; and that it may be made for a single county
when the circuit contains no more. But the entire circuit cannot
be compelled to pay the appointee more than the statutory salary
of $2000, and this should be apportioned by the circuit judge
among the counties composing it. § 5035. Goodale v. Marquette
Supervisors, 47.
2. The several counties composing a judicial circuit should act affirm-
atively, through their respective boards of supervisors, as a basis
for the appointment of a stenographer for the circuit; otherwise
the law authorizing such appointments is not operative in every
part of it.
But, in the absence of evidence to the contrary, such
action may be fairly presumed where a stenographer's commission
has been issued. Id.
3. A stenographer appointed for a judicial circuit cannot compel the
individual counties composing it to pay him specific sums by way
of compensation, without showing that their respective quotas
toward his statutory salary amount to those sums. Id.
by nominal defendant for discontinuance of REPLEVIN, 4,-251.
fixing attorney fee on foreclosure: MORTGAGE OF LANDS, 30,-455.
in purchase money mortgage: MORTGAGE OF LANDS, 6,-404.
STOCK.
attachment of: CORPORATIONS, 5-7,-204.
joinder of in bill in EQUITY, 6-8,-493.
not liable on orders in payment for labor: CORPORATIONS, 1,-92.
STREETS
abutting owners charged with repaving: HIGHWAYS, 3,-431.
judicial notice as to frequent use: EVIDENCE, 1,—62.
walking in traveled part of: NEGLIGENCE, 3,-62.
put in issue by disputed signature: ACCOUNTING, 5,-284.
SUBPOENA IN EQUITY.
diligence in service of: EQUITY, 25,-418.
SUBROGATION
of mortgagee: ESTATES OF DECEDENTS, 8,-330.
SUBSEQUENT MORTGAGEE.
payments by: MORTGAGE OF LANDS, 9-12,-113.
SUBSEQUENT PURCHASERS.
constructive notice to, by record of sale: EXECUTIONS, 16-18,-469.
stipulation for: MORTGAGE OF LANDS, 6,-404.
consent to later mortgage: MORTGAGE OF LANDS, 7,-404.
redemption by: MORTGAGE OF LANDS, 8,-261.
rights are subordinate: MORTGAGE OF LANDS, 19, 20,-638.
SUNDAY
bargains void and cannot be ratified: CONTRACTS, 11,-355.
SUPERIOR COURT OF DETROIT.
challenge to the array in: TRIAL, 1,-424.
SUPREME COURT. See PRACTICE.
1. One who stands in the position of a surety is justified in employing
counsel and incurring costs in defending, for the common benefit,
against illegal demands; and his co-sureties must contribute to
make him good, whether he succeeds or not, provided that he
acts prudently in the light of facts indicating the probability of a
sufficient recovery to justify the expense. Backus v. Coyne, 584.
2. Contribution cannot be enforced on the ground merely that a liabil-
ity exists, or even that a judgment has been recovered; there must
have been either a payment of the demand, or such an assumption
of it as imposes on the claimant more than his share, and corres-
pondingly releases the others. Id.
3. A surety is not the agent of the common creditor to enforce the
latter's demand, for the creditor would not be bound by the surety's
act, and until payment, may look to any or all the other sureties.
1d.
liability on city or county treasurer's BOND, 4,—79.
foreclosure by sureties on official bond: MORTGAGE OF LANDS, 18,
638.
precluded from objecting to amendment: PLEADINGS, 4,-376.
SURPLUSAGE
in city treasurer's BOND, 3,-79.
Place of, 1; Assessments, 2-8; Collection, 9-11; Payment
orer, 12; Tax-title, 13-17.
1. Where the stock of a firm of lumber dealers is sold at their general
place of basiness but is sawed and shipped elsewhere, it is taxable
at the general place of business, and not in the township where it
is manufactured. Putman v. Fife Lake, 125.
2. Local assessments may be apportioned according to frontage under
legislation which permits that method to be followed. Sheley o.
Detroit, 431.
3. A proceeding against the validity of a tax-title on the ground that
for a portion of the period covered by it a part of the lands in the
same township had not been assessed, was not sustained where it
did not appear that such lands were worth anything during that
time, and it was shown, on the other hand, that certain classes of
real estate were then exempt. Perkins v. Nugent, 156.
4. The presumption that a public officer has done his duty, applies to
an assessor who has omitted lands from assessment, if the facts as
shown do not exclude it. Id.
5. A municipal charter invested the assessor with the powers and
duties of a supervisor. The general tax law prescribed a form of
certificate to be appended by supervisors to tax-rolls. This form
was afterward amended. Held, that whether the assessor was
required to add the certificate originally required, or not, his failure
to make it correspond to the amended form did not invalidate the
roll. Darmstaetter v. Moloney, 621.
6. Where the assessor is a member of the board of review, and is the
officer designated by law to present the assessment roll to the board,
it does not need to be authenticated by his certificate. Id.
7. A requirement that the board of review shall sign the assessment
roll after correcting it, is substantially complied with if the board
sign a certificate pasted to the roll and certifying that they have
completed the review, correction and approval thereof. Id.
8. Injunction lies to restrain the sale, for school taxes, of lands unlaw-
fully included within the taxing district. Simpkins v. Ward, 559.
9. Debt or indebitatus assumpsit is the proper form of the action which
a township treasurer may bring in the name of the township, for
the amount of the taxes assessed against an individual; the counts
of the declaration should briefly explain the subject matter of the
debt though a special declaration is not needed. By Graves, J.
Putman v. Fife Lake, 125.
10. Comp. L. § 1016 provides that where a personal tax is returned for
non-payment, the township treasurer may sue for it, and proof of
the tax-toll and warrant shall prima facie attest the legality of the
assessment. Held, that a certificate that the foregoing is a true
transcript of the tax-roll
and the warrant thereto attached,"
did not cover a return indorsed upon the transcript, and that the
whole document should have been excluded on objection if the
offer was made as a unit and embraced the tax-roll, warrant and
return together: By Graves, J. Id.
11. A township treasurer cannot sue for the amount of a tax after his
warrant for collecting it has expired, and his warrant cannot be
extended beyond the next annual session of the board of super-
visors: By Graves, J. Id.
12. A city treasurer who has given bond to the county treasurer on
being notified of the amount of state and county taxes apportioned
to his district, is bound in the absence of protest from taxpayers, to
pay over to him what he has received in payment of such taxes,
even though the authority for their collection was irregular and
informal. Berrien County Treasurer v. Bunbury, 79.
13. A tax-title relates back from the time it becomes absolute to the
time of the tax-purchase for all purposes of substantial justice, but
not otherwise; and it cannot be used to divest rights acquired since
the period to which it would relate. Conn. Mutual L. Ins. Co. v.
Bulte, 113.
14. Where there is a bona fide controversy as to a title and one of the
claimants is in possession, he owes no duty to the other to keep the
taxes paid, and he may therefore strengthen his claim by procuring
tax-titles. But if a claimant cannot rely on a title purchased by
himself, he cannot make use of one obtained by another. Jeffery
v. Hursh, 59.
15. Whether one in possession of land and neglecting to pay the taxes
on it can rely on a title derived from a sale for such taxes, for the
purpose of defeating a conveyance which he has previously made
but has not perfected by delivery of possession-Q. Id.
16. A second mortgagee who has foreclosed and bidden in the premises
can obtain a tax-title to them, and if it is allowed to become abso-
lute he has a right to use it as a defense to an action of ejectment
brought by the first mortgagee, unless the latter tenders re-payment.
Conn. Mutual L. Ins. Co. v. Bulte, 113.
17. A tenant who has covenanted to pay the taxes cannot, after neg-
lecting to do so, take a tax-title and cut off his landlord's rights;
nor can a purchaser in possession under an executory contract so
cut off his vendor's rights, nor a mortgager those of his mortgagee.
A purchase made under such circumstances will be conclusively
presumed to have been made in the performance of duty and not
in repudiation of it. Id.
action between townships for money collected: TOWNSHIPS, 4,-442.
duty to pay, on mortgaged land: MORTGAGE OF LANDS, 9-11,-113.
lien for tax-purchase not extinguished with MORTGAGE OF LANDS,
12,-113.
organization for, of TOWNSHIPS, 3,-442.
repaving chargeable to abutting owners: HIGHWAYS, 3,-431.
tax-deed as a defense in EJECTMENT, 7,-113.
tax-purchase, rocognition of: AGENCY, 1,-113.
TAX-TITLE. See TAXATION, 13-17.
when owner to be impleaded in EJECTMENT, 5,—59.
TEMPORARY ALIMONY
not collectible by execution: DIVORCE, 7,-150.
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