The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-01-15
Sunexme Ca1rf.

A general term Of the saprems Court held
At the City of Lansing on the 7th day Of Janua-
~, 1852.
Present foil Beech.
The American Baptist Missionary Cnios, q
al %. Kortum X. Peck, ct a.. Opinion by
Judge Campbell
The motion made to dismiss this case, 10 dc.
MED, the Court holding that where the decree
II Probate Court On the probate Of viii IL
taken 70 the Circuit Court BY appeal, writ Of
error will lie 10 to remove the adjudication VI
the Circuit Court thereon 70 the Supreme Court.
The case vas thorsupoo continued 70 the next
term.
stepbea =. Page, ~. Martin A Nash. ct a..
Appeal 10 ChAncery from IoniA Circuit. Conria
sxd.
The, People, -. John Mckinney. On Bill Of
Exceptions from Inshaa Circuit o. n. Barnes,
Eco moved the Court ia this case, on affidavit
that tie defendant be admitted 70 bail, which
,no.ion after Argument is denied, on the ground
that this Court has 10 jurisdiction over thai
question.
Samuel Sillers, e. John W. Bo,sford, It al
Appeal Eom Livingston Circuit in Chancery
lotion by U. Hawkius TO dismiss The case, be
cause the appeal WAS taken more than forty
d.ys alter tie decree vas pronounced. though
Ices than forty days from the time the decree
wss dr.~n up and filed. G. v. n. Loshrop
contra.
Township Of Saginaw, -. School District No
/, Of the city Of Saginaw. Error from Saginaw
Circuit, argued BY W. L. Weber, ESQ, fo'
plaintiff in Error, and J. z. Sutherland, 70,
defendant in Error, and submitted.
Soloman B. Bliss, ". Paine 4 Kendall. From
Sag nav Cirsuis-conrinued.
Page l. Stephenson, 90. Orson 8. and Martha
Kendrick. Appeal ia Chancery from Ionia Cir
cult Argued by L. b. Soule, for compliments,
aud ID. W. Jackson, for defendants.
The Michigan Southern L Northern Indiana
Railroad Company, ~. Daniel L. Case, Auditor
General of the State Of Michigan. Appealed
from Wayne Circuit, in Chancery. Opinions by
Campbell, j., and Manning, J.
The Railroad Company claimed deduction
from the specific tax On items:
l. Oh $50, OF stock claimed to have been
issued without consideration, and not paid in
This WAS held by al. the Court an uadmissible
claim, the facts not making Out any such case.
\ mi Jrit, Of the Court we're also Of opinion
that had the stock been fictitious, yet the com-
pauy having by their own act debarred them
selves from evying assessments on it, it must
be regard sd A. paid up for oil purposes.
2. On the purchase price Of several steam.
boats, one Of which vas lest and the rest laid
up in Ohio. This exemption was claimed on
the ground that the amount of capital vas not
employed in Michigan. Held that having been
invested originally in Michigan the statute did
not contemplate that any change in the use OF
the proceeds OF the investment should release
It from taxation.
8. A loan Of 800, 900 in money made BY the
Company to another Railroad Company and
uevcr repaid. This was held not be any cause for
exemption the company being liable for capital
paid in whether we'll Or i'll expended.
4. Expenses Of agency incurred in negotia.
ting loans. This Was held b. all the Court to be
ON the same footing with any other expenditure
and not cause Of exemption.
5. $25o,OOO Of bonds upon which no money
vas ever realized, they having been lent to al.
other Company and not returned, and nothing
having been received on the suretes which were
at FIST given 40 collateral and finally accepted
in settlement. Upon this item Campbs !, j., and
Chris,iancy, j., were Of opinion no tax should
be levied. not regarding any loan a. having been
made to the Railroad Company upon the bonds
which had not been sold by them. The other
judges thought they should be taxed for all
bonds issued whether realizing anything from
them or not.
8. An amount for discounts arising from the
sale OF bonds below par. This au CUNT was held
oy Campbell and ChIistisncy, ]. j., a. not taxa.
ole. The charter only taxing loans to the Com
panysnd allowing them 70 sell bonds below par,
they considered that nothing could be regarded
As lent to the Company beyond the money &C
suaIly furnished them. Martin, G. J and Man
ming. j.. held that they we're taxable on the
lace Of the bonds whether sold ar discount or
not.
The decree below Was BY this division Of
opinion affirmed, and the Company will therefore
Do oolged to pay the full amount Of the tax in