palani
27th December 2011, 04:04 PM
Mich. 1955. A “county” is a body politic composed of cities, villages and townships. — Wayne County v. Michigan Public Service Commission, 72 N.W.2d 109, 343 Mich. 144.
There are no people in a county. There are no people in a city. There are no people in a village. There are no people in a township.
Counties are involuntary quasi corporations; poitical or civil divisions of the State, created by general laws, to aid in the administration of the government. The statute prescribes all the duties which counties owe, and impose all the liabilities to which they are subject; and unless made so by the express legislative enactment, they are not liable to persons injured by the wrongful neglect of duty or wrongful acts of their officers or agents done in the course of the execution of corporate powers, or in the performance of corporate duties. This rule is the same in respect to such other organizations, as townships, school districts ad road districts. Simonds v. Clay County, 71 Ill. R., 355. Counties are merely a species of corporation with corporate powers, under a condition and a few specified purposes only, but deficient in many of the powers incident to the general character of corporations. Goodnow v. Com’rs Ramsey Co., 11 Minn. R., 41.
Counties can neither sue nor be sued at the common law. Their rights and liabilities depend on statutory enactment. Schuyler Co. v. Mercer Co., 4 Gilm. R., 20.
Under common law people fit in “hundreds” or “tythings” or even “thousands”. When the federal and state governments were set up they apparently forgot this little detail.
There are no people in a county. There are no people in a city. There are no people in a village. There are no people in a township.
Counties are involuntary quasi corporations; poitical or civil divisions of the State, created by general laws, to aid in the administration of the government. The statute prescribes all the duties which counties owe, and impose all the liabilities to which they are subject; and unless made so by the express legislative enactment, they are not liable to persons injured by the wrongful neglect of duty or wrongful acts of their officers or agents done in the course of the execution of corporate powers, or in the performance of corporate duties. This rule is the same in respect to such other organizations, as townships, school districts ad road districts. Simonds v. Clay County, 71 Ill. R., 355. Counties are merely a species of corporation with corporate powers, under a condition and a few specified purposes only, but deficient in many of the powers incident to the general character of corporations. Goodnow v. Com’rs Ramsey Co., 11 Minn. R., 41.
Counties can neither sue nor be sued at the common law. Their rights and liabilities depend on statutory enactment. Schuyler Co. v. Mercer Co., 4 Gilm. R., 20.
Under common law people fit in “hundreds” or “tythings” or even “thousands”. When the federal and state governments were set up they apparently forgot this little detail.