Murphy v. Reeder Tp. Treasurer

Decision Date29 April 1885
CourtMichigan Supreme Court
PartiesMURPHY v. REEDER TOWNSHIP TREASURER.

Mandamus.

Pratt Hatch & Davis, for relator.

M Brown, for respondent.

CHAMPLIN J.

The relator asks for a mandamus to compel the treasurer of the township of Reeder to pay him, as treasurer of the township of Lake, $1,712.16. He alleges in his petition "that prior to the ninth day of July, A.D.1883, the territory now composing the township of Lake aforesaid belonged to and formed a part of the township of Reeder, in said county of Missaukee; that said territory was, on or about the fourteenth day of October, A.D.1882, detached from said township of Reeder, and erected into the present township of Lake; that the surveyed township number twenty-two north of range eight west is embraced within and constitutes said township of Lake, and that the same, prior to said fourteenth day of October, A.D.1882, was a part of the said township of Reeder; that after division of the township of Reeder aforesaid by the organization of said township of Lake, and on the ninth day of July, A.D.1883, the township boards of said townships of Reeder and Lake met in joint session, and apportioned between said townships all the money rights, credits, and personal estate possessed by said township of Reeder, except the money tax and highway labor assessed and collected for highway purposes within the limits of said surveyed township twenty-two north of range eight west; that thereupon said township boards adjourned to the fourth day of September, A.D.1883, at which time they again met, and determined that there was due to said Lake township from said township of Reeder, as money tax assessed and collected for highway purposes within the limits of said surveyed township, the sum of seventeen hundred and sixty-two dollars and sixteen cents, and thereupon the township board of said township of Reeder issued an order for said sum on the treasurer of said township of Reeder in favor of your petitioner, and delivered the same to the township board of said township of Lake, which said order is in the words and figures following, to-wit:

" 'LAKE CITY, Sept. 4, 1883.

" 'To the Township Treasurer of Reeder Township: Please pay to the treasurer of Lake township the sum of seventeen hundred and sixty-two dollars and sixteen cents, ($1,762.16,) and charge the same to highway funds.

" 'PETER S. GOURLEY.

" 'GEO. W. FISHER.

"...

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