128 Mich. 32 | Mich. | 1901
(after stating the facts). There are 36 assignments of error. We will dispose of those which we consider important.
“In all cases involving an expenditure of an amount over fifty dollars in the repairing or construction of roads or bridges in any township of this State, the commissioner shall submit the proposed expenditure to the township board, and, upon the approval of the said board, said commissioner shall advertise for sealed proposals for the doing of such work and the making of such repairs, and together with the township clerk, subject to approval of the township board, shall contract with the lowest bidder giving good and sufficient security for the performance of the work.” Act No. 55, Pub. Acts 1899, § 3.
The court instructed the jury as follows:
“Now, by an amendment passed this last year, — 1899, —it was made the duty of the commissioner, if the expense of building this bridge exceeds $50, to lay the petition before the township board before he proceeds in the building of the bridge. I say, if the expenses, in his judgment, would exceed $50, it was then his duty to lay the petition before the township board; and if he acted in good faith, and if they acted in good faith, and refused to approve it, and did not approve it, that ends the matter.”
Evidently, under this act, it was the duty of the re
It is urged that this proceeding is similar to a hearing on petition to dissolve an attachment, in which this court will not review the rulings of the circuit court upon the admission and rejection of evidence. Rickel v. Strelinger, 102 Mich. 41 (60 N. W. 307). It is unnecessary to decide this important question in this case. Counsel have given it but little consideration in their briefs, and evidently have not given it the careful examination which its importance demands.
Order reversed, and proceedings quashed. No costs will be allowed.