33 Mich. 61 (Mich. 1875), Mayor of Niles v. Muzzy

Citation:33 Mich. 61
Opinion Judge:Per Curiam:
Party Name:The Mayor, etc., of Niles, v. Franklin Muzzy
Attorney:Edward Bacon, for plaintiffs in error. W. J. Gilbert, for defendant in error.
Case Date:November 02, 1875
Court:Supreme Court of Michigan

Page 61

33 Mich. 61 (Mich. 1875)

The Mayor, etc., of Niles,


Franklin Muzzy

Supreme Court of Michigan

November 2, 1875

Submitted on Briefs October 22, 1875

Error to Berrien Circuit.

Judgment affirmed, with costs.

Edward Bacon, for plaintiffs in error.

W. J. Gilbert, for defendant in error.


Page 62

Per Curiam:

Muzzy being an attorney and counselor at law and in chancery, and having been elected mayor of Niles, and in virtue of which office he was one of the common council, he was employed under a resolution of the common council to appear and defend the city in a suit in chancery brought against it by one Young in the Federal court at Detroit. In pursuance of such employment he appeared for the city in his professional character and rendered services which the court found to be worth one hundred dollars. The court below gave judgment in his favor for that sum with interest. Having rendered these valuable professional services, it is now objected that he ought not to be paid for them because he was mayor and councilman. There is no question open in regard to their worth to the city, or as to the necessity there was for them. Every such consideration is closed by the finding. Neither his duty as mayor, or as councilman, or as both, included any such service. He was no more required, in consequence of his official position, to employ his time and talents as a counselor at law in conducting a suit brought against the city, than he was to pay the debts of the city out of his own private funds. There may have been, and probably was, substantial reason for...

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