The Owosso times. (Owosso, Mich.) 1897-1926, 1908-12-11

ing, and when 1t Is entirely closed. deafness ID
taken out and this tube restored to its normal
condition, hearing will be destroyed forever;
nine cases out OF ten are caused by Oatarrh,
which is nothing but an infiamed condition OF
we will give One Hundred Dollars for any
case OF deafness Caused BY catarrh) that can.
not be cured by Halls Catarrh Cure. Send for
circulars free.
Sold by all Druggists, 75c.
Take Halls Family Pills for constipation.
The Supreme Court Decision in the
Mccurdy Case.
The opinion of Judge McAlvay in the
case of John T. McCurdy VS.. the Coun-
ty of Shaiwassee is given herewith:
John T. McCurdy,
Plaintiff and Appellee.
VS..
The County of Shiawassee,
Defendant and Appellant.
Before: Grant C. j.,
Blair, Montgomery,
Ostrander, Hooker,
Moore and McAlvay,
j
McAlvay, J.
Plaintiff in an action of assumpsit
on two certain promissory notes on
all common counts brought suit in
Shiawassee Circuit Court against de-
PENDANT. The case was tried before
the Hon. Chas. H. Wisner, Circuit
Judge, presiding without a jury. The
court finding the facts and conclu-
sions of law in writing as follows:
bindings of Judge Wisner have
already been published in this paper
and it is not necessary to reprint
them, as they are we'll understood
Ed
To these findings of fact and con-
illusions of law defendant duly ex-
cepted, and assigns error thereon.
Three general propositions are adj
vanced and discussed on the part of
the defendant in its brief and argu-
ment to show that the judgment APP
pealed from is erroneous.
1. The claim should have been
presented to and acted upon by the
board of supervisors.
2. Defendant is not liable either
upon the notes or upon an implied
contract.
8. The statute of limitations bars
one-half of the claim.
The important, and we think the
determining question is, whether de-
PENDANT is liable under the facts as
found in the case.
Plaintiffs case shows that the
money was loaned by plaintiff to de-
PENDANT under authority Of a reso-
luton of the board of supervisors
which appears in the finding of
facts, the purpose being to meet
the ordinary expenses of the county, Z"
and that the proposition was not sub
mitted to vote to raise the same by
taxation.
In a case where a construction of
the sections of the statute defining
the powers of boards of supervisors
was under consideration, this court
held that board of supervisors has
no power to borrow money necessary
to defray the current expenses and
charges of the county, but the same
must be raised by taxation.
Supervisors VS.. Dickinson Co., 9S
Mich. IA.
The statutory provisions consider
ed are contained in Sec. 24S4, Com
piled Laws 1897.
1t appearing that the notes were
given without authority of law, the
trial court correctly held that under
this decision the notes were void, and
no recovery could be had upon them.
The evidence in the case was all
introduced by plaintiff. The case al
made discloses that the court was
correct in holding the notes void, ana
there is therefore no force in plain
tiff's contention before this court,
that a recovery may be had on the
notes, for the reason defendant had
not denied their execution under
oath.
Freeman VS.. Ellison, 81 Mich.
459.
If liability attaches to the county
in this case it will be under the count
for money had and received contain
ed in plaintiffs declaration. and upon
purely equitable grounds. The liza
bility must be imposed by implica-
ton. This was the view taken by the
learned circuit judge, and upon
which he based his reasoning in rem
dering judgment for plaintiff.
Plaintiff cannot recover unless
the facts indicate that it would be in
equitable to deny recovery. The case
must be one where the general law
Independent of express contract inn
poses an obligation to do justice. Nor
will equitable reasons control against
any well setted rule Of law or againss
public policy.
A county has no power to borrow
money in the manner and for the
purposes proposed in the case at bar,
unless the same lis granted by stat
ute. No power having been granted