Legal Opinion

Rapid Railway Co. v. Schroeder

Michigan Supreme Court

Decided March 31, 1916No. Docket No. 90PublishedCited by 5 opinions

Appeal from Macomb; Tucker, J. Bill by the Rapid Railway Company, a street railway corporation, against Charles Schroeder, deputy township treasurer, and the Township of Erin, for a decree declaring void a certain tax assessed against complainant and for an injunction restraining defendants from selling one of complainant’s passenger cars under a tax levy. From a decree for defendants, complainant appeals.

1Opinion of the CourtBird, J.

The supervisor of the township of Erin, Macomb county, assessed to complainant in the year 1912 a strip of land 33 feet wide, fronting on the Gratiot road, which was purchased for railroad purposes, but which was not yet being used for that purpose. The tax amounted to $473.10, and payment thereof was demanded of complainant. Complainant refused to pay, whereupon the treasurer levied upon one of its passenger cars and advertised it for sale under the provisions of the tax law. Complainant; then filed the present bill to have the tax declared void, and prayed for a temporary injunction to…

2Cases cited3 opinions

  1. Woodmere Cemetery Ass'n v. Township of SpringwellsMichigan Supreme Court · 1902
  2. Township of Portsmouth v. Cranage Steamship Co.Michigan Supreme Court · 1907
  3. City of Detroit v. Mackinaw Transportation Co.Michigan Supreme Court · 1905

3Cited by5 opinions

  1. Wade, Et Vir. v. City of JacksonvilleSupreme Court of Florida · 1934
  2. Falor v. Mong, Aud.Ohio Court of Appeals · 1934
  3. City of Detroit v. GeorgeMichigan Supreme Court · 1921
  4. Continental Motors Corp. v. Township of MuskegonMichigan Supreme Court · 1965
  5. Continental Motors Corp. v. Township of MuskegonMichigan Supreme Court · 1965

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