90 Mich. 382 | Mich. | 1892
Proceedings were commenced in September, 1890, by the relator, as county drain commissioner, to lay out and establish what is known as the “Thomas Drain” in Monroe county.
The commissioner was unable to obtain the right of
This is an application for mandcmms to compel the board of supervisors to rescind its action and direct the spreading of the tax, which now amounts to $117.49.
We think there were such irregularities that the board of supervisors was warranted in taking the action it did.
The claim is here made that Johnson is estopped from setting up these irregularities because of his appearance before the jury and acceptance of the award made to him, and entering into a contract to construct a portion of the drain.
The writ of mandamus must be denied.
Counsel cited Brownell v. Supervisors, 49 Mich. 414; Harwood v. Commissioner, 51 Id. 689; Gillett v. McLaughlin, 69 Id. 547; Cook v. Covert, 71 Id. 249.