People ex rel. Reeder v. Treasurer of County of Wexford
| Decision Date | 16 October 1877 |
| Citation | 37 Mich. 351 |
| Court | Michigan Supreme Court |
| Parties | The People ex rel. William Reeder, Treasurer of the Township of Reeder v. The Treasurer of the County of Wexford |
Writ allowed to require payment of $ 609.08 and relator had his costs.
Edwin S. Pratt for the writ referred to Comp. L., §§ 764 1022, 1033; Act 169 of 1869, 1 Sess. L. 1869, p. 362.
McIntyre & Rice against. A showing of a want of funds is a complete answer to an order to show cause why mandamus should not issue to compel payment. Allen v. Frink 32 Mich. 96; Moses on Mandamus 99.
OPINIONGraves J.
This case comes up on findings by the circuit judge in a proceeding in this court for mandamus, and the only question which is fairly open is upon the amount to be ordered paid. The proceeding is one substantially against the county and not personally against the treasurer except as a means to work out redress against the county. The circumstance that the incumbency of the office of county treasurer has changed in the progress of the events connected with the matter in controversy is of no importance. The office itself has continued and has been and is represented by an officer, and that is enough for the purpose of the present proceeding.
The present townships of Reeder and Colfax were formerly under an organization by the name of Colfax and were then divided into two as they now are.
Wexford county had received a considerable sum for delinquent taxes on lands in the old township and was indebted to it therefor and on a settlement between the two townships after the division this indebtedness was assigned to Reeder, and the county treasurer of Wexford county was duly notified thereof.
The county made payments to Reeder, reducing the indebtedness to $ 609.08 and declined to pay further. It would seem that some question arose as to whether in fact there had been a perfect and legit mate settlement between the townships, and also concerning the true amount, if any, remaining to be paid by the county to the township of Reeder. This however is set at rest by the finding so far as the above balance is concerned. The counsel for respondent adduce no reason deserving comment why the county ought not to be required to pay over the sum of $ 609.08, and we are not able to discover any.
A further claim is made, however. The judge finds that $ 191.37 arose as interest on this balance for delay during four years and five months and the relator...
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