People ex rel. County of Barry v. Supervisors of Manistee County

• Decision Date: 11 April 1876
• Citation: 33 Mich. 497
• Court: Michigan Supreme Court
• Parties: The People on the relation of the County of Barry v. The Supervisors of Manistee County

33 Mich. 497

The People on the relation of the County of Barry

v.

The Supervisors of Manistee County

Supreme Court of Michigan

April 11, 1876

Submitted on Briefs January 21, 1876

Application for mandamus.

This is an application to require respondents to cause an order to be drawn on the treasurer of their county in favor of the relator for the sum of three thousand two hundred and seventy-five dollars and five cents, on account of an allowance made by them of the claim of Barry county for the expenses of the trial of George Vanderpool for the murder of Herbert Field in Manistee county, which trial was held in Barry county under an order for a change of venue. The bill presented to the supervisors of Manistee county for their action was as follows:

For summoning 124 jurors

$ 186 00

For mileage and daily attendance of jurors and talesmen

1,988 20

For balance of board bill of jury

94 50

For procuring witnesses for respondent by order of court

400 00

For subpoenaing witnesses for people

132 33

For attendance of officers on court and jury

438 50

For ice used during trial

5 25

For stationary and blanks used in said trial

5 00

For boarding George Vanderpool while in Barry Co. jail

79 50

For medical services for George Vanderpool while in jail

15 00

For boarding wife of George Vanderpool in jail while he was

sick

13 50

Total,

$ 3,357 78

Several of these items had been presented to and allowed by the supervisors of Barry county before their payment by that county.

A conference was had between representatives of the two counties and it was arranged to have the claim allowed at the sum of three thousand two hundred and seventy-five dollars and five cents; and the supervisors of Manistee county at the October session, 1872, accepted and adopted a report of their committee that the claim be allowed at that sum and an order be drawn for the same; and at a special meeting in May, 1873 authority to draw such an order, with interest from January 1, 1872, was given to their chairman and clerk. This order, however, not being drawn, in October, 1874, the supervisors of Manistee county rescinded the allowance of the claim, and afterwards wholly repudiated and rejected the claim. Demand for such order having been thereafter made and refused, this application is made for mandamus to compel it.

Mandamus denied.

Charles H. Bauer and Hughes, O'Brien & Smiley, for relator.

A. J. Dovel and C. A. Kent, for respondents.

OPINION

Cooley, Ch. J.

Under the constitution, Art. 10, § 10, the boards of supervisors of the respective counties have "the exclusive power to prescribe and fix the compensation rendered for, and to adjust all claims against" their respective counties, with an exception in case of the county of Wayne. This provision clearly covers the claims in question, and it must follow that the board of supervisors of Barry were acting without authority when they assumed jurisdiction to pass upon them. It is probably true, as was suggested in argument, that this conclusion must cost some inconvenience in cases like the present, but if so, the courts are powerless to give any remedy.

The allowance of claims by the board of supervisors of Barry county being thus found inoperative, the question presents itself how far the supervisors of Manistee are concluded by the action taken by their predecessors. Had that action been...