In 1933 this provision of the drain law was amended "in such manner as to transfer to the county drain commissioner the right to require payment out of the general fund of the county". Gerweck v Monroe County Treasurer, 317 Mich. 53, 64; 26 N.W.2d 864 (1947). The language which had given a holder of a drain order the right to demand payment from the county general fund was deleted.
By way of analogy we have applied the doctrine of laches as a defense in mandamus suits. See McDermott v. Alger, 186 Mich. 278; Gerweck v. Monroe County Treasurer, 317 Mich. 53. In at least 2 quo warranto cases the doctrine of laches has been held available as a defense by the supreme court of Illinois.