CLAIMS AGAINST COUNTIES
Act 58 of 1909
46.72 Disallowance of claims; appeal to circuit court, notice; bond, costs.
Sec. 2.
When the claim of any person, firm or corporation against a county shall be disallowed in whole or in part by the board of supervisors or board of county auditors, such person, firm or corporation may appeal from the decision of such board to the circuit court for the same county, by causing a written notice of such appeal to be served on the county clerk within 20 days after such disallowance: Provided, That no appeal shall be allowed, unless such claimant shall have appeared before the said board and presented evidence or shall have attached an affidavit in support of such claim. The appeal herein authorized shall be of no force or effect, unless there is filed with the county clerk at the same time the notice of appeal is served a bond for 200 dollars running to the county with sufficient surety, to be approved by the county clerk, conditioned for the faithful prosecution of such appeal and the payment of all costs that may be adjudged against the appellant.
History: 1909, Act 58, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 53, Eff. Aug. 1, 1911 ;-- CL 1915, 2300 ;-- CL 1929, 1187 ;-- CL 1948, 46.72
Notes of Decisions
E. E. Tripp Excavating Contractor, Inc. v. Jackson Cnty., 230 N.W.2d 556 (Mich. Ct. App. 1975).
“The appeal herein authorized shall be of no force or effect, unless there is filed with the county clerk at the same time the notice of appeal is served a bond for two hundred dollars running to the county with sufficient surety, to be approved by the county clerk, conditioned…”
Seventeenth Dist. Prob. Court v. Gladwin Cnty. Bd. of Commissioners, 401 N.W.2d 50 (Mich. Ct. App. 1986).
“Attorney fees for plaintiffs attorneys having been denied as a claim by the Board of Commissioners of Gladwin County, the Court under the authority of MCL 46.72; MSA 5.522, will order the payment of the claim of plaintiffs attorneys as submitted forthwith.”
Moll v. Cnty. of Wayne, 50 N.W.2d 881 (Mich. 1952).
“This claim was denied in August, 1946, and plaintiff took an appeal to the circuit court in accord with CL 1948, § 46.72 et seq. (Stat Ann § 5.522 et seq.”
Potter v. Wayne Cnty., 207 N.W.2d 448 (Mich. Ct. App. 1973).
· cites it 2× “MCLA 46.72; MSA 5.522. The 1889 act (see footnote 7) concerns the Board of County Auditors for Wayne County.”
Moore v. Cnty. of Ingham, 110 N.W.2d 920 (Mich. 1961).
“However, the presented issue was whether the defendant county, having considered the merits of the presented claims, thereby waived the requirements of section 2 of the general act above (CL 1948, §46.72 [Stat Ann § 5.522]). The language employed must, the context of the opinion…”
Sumeracki v. Cnty. of Wayne, 92 N.W.2d 325 (Mich. 1958).
“From a denial of their claims they appealed to the Wayne circuit court in accordance with the provisions of the statute (CL 1948, §46.72 [Stat Ann § 5.522]). The circuit court denied the several appeals, as noted, and the present appeals have resulted.”
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