100 Mich. 558 | Mich. | 1894
This is a suit for malicious prosecution, in which the plaintiff recovered, and defendant brings error.
The plaintiff was supervisor of the township of Eavenna in the year 1892. The defendant, in the month of December, 1892, caused the arrest of plaintiff on the charge of having willfully neglected the duty of requiring of one Albro Enos, a resident tax-payer, a statement of the taxable property owned by him, and subject to assessment in the township. An information was filed in the criminal proceedings, and was, on motion, quashed by the circuit court, on the ground that the statute imposing the duty of requiring such ’statements from tax-payers was not mandatory, but directory. A writ of mandamus, requiring a reinstatement of the cause, was granted by this Court. The proceeding is reported under the title of Turner v. Muskegon Circuit Judge, in 95 Mich. 1. After the granting of this order the prosecuting attorney filed reasons in the circuit court for entering a nolle prosequi, and such an order was entered.
The record contains 42 assignments of error, — more, by far, than should ever have been incorporated. Many of the assignments are now abandoned, and the discussion will be confined to those which we think merit attention. While all the questions relied upon in the brief of counsel have been examined, it is sufficient to say, as to those not discussed, that we think there was no error which prejudiced the rights of the defendant.
We are satisfied that the defendant has had a fair trial of his cause, and the judgment will be affirmed, with costs.