58 Mich. 448 | Mich. | 1885
Relator claims that as sheriff of Kalkaska county he had lawfully under his charge and confined as a prisoner in the common jail of said county one Benjamin Irving from May 26th, 1884, to and including September 3d, 1884 ; that by resolution of the board of supervisors he was-entitled to one dollar per day for this time. He also sets up in his petition that the board of supervisors rejected his claim for board and care of said Irving arbitrarily, and without any investigation whatever, refusing to examine relator as to his claim, or to assign any reason why it was rejected. The respondent answered, admitting that the sheriff was entitled to one dollar per day for the board and care of all prisoners
The only point in issue seems to be : “ Did the relator lawfully hold the said Irving in the county jail of Kalkaska, county for the time claimed, or under such order of the circuit court as would entitle him to charge the county for his-board and care ? ” In applications of this kind all record evidence relied upon by either relator or respondent should be brought before the Court as exhibits in the shape of certified copies, or authenticated in some way, rather than in bare recitals of its existence, with a mere reference thereto. The bearing and effect of records or other written instruments upon the point or points in issue is generally to be determined by the court instead of a jury. If the documentary evidence disclosed by the pleadings in this case were here, in all probability there would be no necessity of settling any issue to be determined elsewhere. The relator is at fault for not clearly setting forth in his petition the authority under which he detained Irving in jail as a prisoner, and in not attaching and bringing up with the same a copy of the order of the court,
The respondent is entitled to the costs of this motion.