Legal Opinion · Dissent

City of Detroit v. Kresge

Michigan Supreme Court

Decided March 28, 1918No. Docket No. 143Published

Error to Wayne; Hally, J. Assumpsit by the city of Detroit against Sebastian S. Kresge for the amount of an assessment for taxes. Judgment for defendant on a directed verdict. Plaintiff brings error. •

1DissentFellows, J.

I am unable to agree with Mr. Justice Moore in the conclusion he has reached in this case and pursuant to the provision of the Constitution will state my reasons therefor.

The precise question in the form here presented has not been determined by this court, although the underlying principle has, as I view it, been settled by our adjudicated cases. In the case of Graham v. Township of St. Joseph, 67 Mich. 652, the plaintiff, a resident of defendant township, was the owner of, and assessed upon, certain shares of stock of an Illinois corporation operating a line of boats on Lake Michigan. The…

2Cases cited30 opinions

  1. Sturges v. CarterSupreme Court of the United States · 1885
  2. Kidd v. AlabamaSupreme Court of the United States · 1903
  3. Hawley v. City of MaldenSupreme Court of the United States · 1914
  4. Kingsbury v. ChapinMassachusetts Supreme Judicial Court · 1907
  5. Street Railroad Co. v. MorrowTennessee Supreme Court · 1889

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