107 Mich. 676 | Mich. | 1895
Defendant was removed by the township board from the office of assessor of school district No. 4, Maple Grove township, in the county of Manistee. William G. Taylor made the complaint (which was in writing) that, as assessor, the defendant had illegally used and disposed of public moneys intrusted to his charge, and had persistently refused and neglected to discharge the duties of his office as such assessor. The proceedings were brought under section 5170, 2 How. Stat., which provides for the removal from office by township boards of any school-district officer who shall have illegally used or disposed of any of the public moneys intrusted to his charge, or who shall persistently, and without sufficient cause, refuse or neglect to discharge any of the duties of his office. After the removal, the defendant removed the cause to the circuit court for Manistee county, by writ of certiorari. The only allegation of error upon which the writ was issued is that “said township- board erred in malting an order of removal removing this deponent from office as assessor of this school district, upon all the allegations set forth in said complaint, without proof establishing them.” The circuit court affirmed the order made-by the township board, and the case comes to this court, by writ of error.
The return was made by the township clerk for the-board, and states that all the testimony is not returned, but that the defendant repeatedly testified that he had paid out the various sums of money set forth in the complaint, from the funds belonging to the school district,, without any orders drawn by the director and countersigned by the moderator of the district, and that there was.
The judgment' of the court below, affirming the action of the township board, must be affirmed, with costs.