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People ex rel. Kuhn v. Board of Auditors

The People on relation of Joseph Kuhn v. The Board of Auditors of Wayne County

People ex rel. Kuhn v. Bd. of Auditors, 10 Mich. 307 (1862)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 6, 1862
Judges
Campbell, Cheep, Martin
Citations
10 Mich. 3071862 Mich. LEXIS 53
Headnotes
The Constitution having provided that the action of the Board of County Auditors in adjusting county demands should he subject to no appeal, the Supreme Court cannot revise their action by mandamus, and compel them to allow a demand which they have rejected on the ground that the services charged for were not £ performed.
Summary
Petition for a Mandamus. The petition showed that the relator was a justice of the peace of the city of Detroit; that he presented his bill for services as such Justice in criminal cases to the Board of Auditors of Wayne county, including therein certain charges for taking down testimony; Ms oath to the correctness of the whole being attached. These charges were largely reduced by the Auditors, on the ground of an overcharge in the amount of testimony taken down, and he now applies for a mandamus to compel them to allow the amount deducted. The petition having been read,

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Martin

Text extracted by OCR from a scanned original; check the original for exact wording.

Martin 'Ch. J.:

Our view of the question remains unchanged. It is_clearly a case where we have no jurisdiction.

Campbell J.:

This is a mere attempt .to induce us to review the action of the Auditors upon the facts. That could be nothing but an appeal. The case is very different from those in 3d and 8th Mich., where the amounts were liquidated. Here it was a question of fact whether the services were rendered or not. If the Auditors should wilfully or maliciously refuse to act upon the facts jiresented to them, there might be a remedy; but this is not that case.

Hand. But here the Auditors disregarded the evidence furnished.

The Cheep Justice:'

These papers present simply the question whether the decision of the Auditors was correct upon the facts.

Motion denied, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1880–1881: 11886–1887: 11892–1893: 11894–1895: 11900–1901: 31932–1933: 118802026peak 1900 · 3

Relies on it most ⓘ

  1. Chemical Bank & Trust Co. v. County of Oakland251 N.W. 395 (Mich. 1933)
  2. State ex rel. Ensey v. Churchill56 N.W. 484 (Neb. 1893)
  3. Endriss v. County of Chippewa5 N.W. 632 (Mich. 1880)
  4. Cicotte v. County of Wayne26 N.W. 686 (Mich. 1886)
  5. Poling v. Board of Education40 S.E. 357 (W. Va. 1901)
  6. People v. Hanifan59 N.W. 611 (Mich. 1894)

Most recent

  1. Chemical Bank & Trust Co. v. County of Oakland251 N.W. 395 (Mich. 1933)
  2. Poling v. Board of Education40 S.E. 357 (W. Va. 1901)
  3. Warner v. Board of State Auditors87 N.W. 638 (Mich. 1901)
  4. W. C. Bullard & Co. v. De Groff82 N.W. 4 (Neb. 1900)
  5. People v. Hanifan59 N.W. 611 (Mich. 1894)
  6. State ex rel. Ensey v. Churchill56 N.W. 484 (Neb. 1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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