46.75 Appeal; parties to proceeding, affidavit of interest; recoveries; costs, attorney fees.
264 words·~1 min read·
/mi/chapter-46/46-75A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46.75 Appeal; parties to proceeding, affidavit of interest; recoveries; costs, attorney fees.
Sec. 5.
When an appeal is taken by a person, firm or corporation not a party to the proceeding before the board of supervisors or board of county auditors, such appeal may upon motion be dismissed, unless such person, firm or corporation shall file with the clerk of said circuit court an affidavit setting forth that the said appellant has an interest in the matter and is aggrieved by the decision of the auditing board, and alleging explicitly the nature of the interest. If upon appeal the claimant shall recover anything in addition to the amount allowed by the board of supervisors or board of county auditors, costs shall be granted the claimant regardless of the amount so recovered.
If nothing shall be allowed in addition to the amount authorized by the auditing board, the defendant shall have costs. If the appeal is from the action of the board of supervisors or the board of county auditors allowing a part of a claim, the court may examine all the items thereof and give the defendant the benefit of the aggregate amount allowed thereon, and if it shall appear that the appellant or claimant has been allowed all that he is entitled to, he shall be entitled to judgment for that amount, and the defendant shall recover costs:
Provided, That a term fee or attorney fee shall not be allowed in any case.
History: 1909, Act 58, Eff. Sept. 1, 1909 ;-- CL 1915, 2303 ;-- CL 1929, 1190 ;-- CL 1948, 46.75