Legal Opinion

Scotten v. City of Detroit

Michigan Supreme Court

Decided October 1, 1895PublishedCited by 15 opinions

Appeal from Wayne; Carpenter, J. Bill by Daniel Seotten against the city of Detroit and Albert H. Stoll, receiver of taxes, to restrain the collection of an assessment. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtMontgomery, J.

This is a bill filed to restrain the collection of an assessment levied by the common council to pay for the opening of Toledo avenue. It is contended that the proceedings for the opening of this street were fatally defective and without jurisdiction, and that, this being so, the assessment of complainant’s property is without authority of law.

The proceedings were taken under the general statute providing for the taking of property for public use in cities and villages, being chapter 83, 3 How. Stat. Section 2 of the act provides that—

“Proceedings may be commenced and prosecuted under this…

2Cases cited8 opinions

  1. In Matter of City of BuffaloNew York Court of Appeals · 1879
  2. Mulligan v. SmithCalifornia Supreme Court · 1881
  3. Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
  4. Fagan v. City of ChicagoIllinois Supreme Court · 1876
  5. In re Grove StreetCalifornia Supreme Court · 1882

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3Cited by15 opinions

  1. Campau v. City of DetroitMichigan Supreme Court · 1923
  2. Panfil v. City of DetroitMichigan Supreme Court · 1929
  3. City of Los Angeles v. AitkenCalifornia Court of Appeal · 1939
  4. Hinkley v. BishoppMichigan Supreme Court · 1908
  5. Goodrich v. City of DetroitMichigan Supreme Court · 1900

10 more not listed; retrieve them via the Exa API.

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