Opinion · Michigan Supreme Court
Attorney General v. Common Council
150 Mich. 310
- Type
- Opinion
- Court
- Michigan Supreme Court
- Jurisdiction
- Michigan
- Date
- 1907-12-10
- Topic
- general
Hooker,. J. The attorney general filed the bill in this cause to enjoin the city of Detroit from using a fund raised by tax for the purpose of paying for the construction of a municipal plant for the manufacture of brick to be used in paving, for which a contract had been made with one Frank Reich, by direction of the common council. The defendant has appealed from a decree sustaining complainant’s contention, and perpetually enjoining the payment of the fund as prayed. The only question in the case is whether the legislature has authorized. the city to make such a contract. *311We agree with the opinion filed in the circuit court that the power to engage in the business of brick making, is not included in the powers expressly granted to the city, and that it is neither fairly implied in, nor incident to, such powers as are expressly granted, nor is it indispensable or even essential to the declared objects and purposes of the corporation.
Citator
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- Cited by
- 10 opinions
The attorney general filed the bill in this cause to enjoin the city of Detroit from using a fund raised by tax for the purpose of paying for the construction of a municipal plant for the manufacture of brick to be used in paving, for which a contract had been made with one Frank Reich, by direction of the common council. The defendant has appealed from a decree sustaining complainant’s contention, and perpetually enjoining the payment of the fund as prayed. The only question in the case is whether the legislature has authorized. the city to make such a contract.
The decree is affirmed, with costs.
Me Alva y, C. J., and Carpenter, Ostrander, and Moore, JJ., concurred.