City Sav. Bank of Detroit v. Wayne County Treasurer

• Decision Date: 14 January 1891
• Court: Michigan Supreme Court
• Parties: CITY SAV. BANK v. WAYNE COUNTY TREASURER.

47 N.W. 690

84 Mich. 391

CITY SAV. BANK v. WAYNE COUNTY TREASURER.

Supreme Court of Michigan

January 14, 1891

Application for mandamus.

The out-going treasurer of Wayne county, in connection with the board of county auditors, designated the City Savings Bank as the depository of the county funds for the ensuing two years. Upon the coming in of the new treasurer, he attempted to change the depository, whereupon the bank previously designated applied for a mandamus. The act of 1879 (Local Laws Mich. 1879, No. 393) provides: "Section 1. That it shall be the duty of the county treasurer of the county of Wayne to deposit daily his entire receipts from all sources, and all moneys, drafts, or checks on hand to the credit of the county of Wayne, in such bank or banks incorporated under the laws of this state or the United States, as may be designated by the treasurer and the board of auditors of said county as the depository of the funds of the county. Said moneys shall be payable by the bank or banks with which they may have been deposited only on the order of warrant of the treasurer, countersigned by the chairman of the board of auditors. All moneys deposited in such bank or banks shall bear interest at a rate to be approved by said treasurer and the board of county auditors, to be computed upon daily balances, and placed to the credit of the county on the thirty-first day of December and thirtieth day of June in each year, or at any other time when the account may be closed. The county depository shall notify the board of auditors daily of the amount of the deposits of the county treasurer for the previous day, and shall also notify the said board of auditors and the county treasurer of the amount of interest accrued when the same shall be placed to the credit of the county as above required. * * * Sec. 4. The board of county auditors, whenever they shall deem it unsafe to continue said deposits with any such bank or banks, or they shall deem the security given insufficient, they may direct the county treasurer to withdraw said deposits from such bank or banks, and it shall thereupon be the duty of said treasurer to demand and withdraw such deposits as so directed by said board."

Corliss, Andrus & Leete, for relator. William J. Gray, for respondent. Edwin F Conely, for board of auditors.

PER CURIAM.

Upon the argument of this motion, the board of auditors have, by our permission, intervened so that the...