Bird v. Perkins
Michigan Supreme Court
Error to Lenawee Circuit. This is an action of trover to recover the value of a. horse, the property of the plaintiff, which was taken and sold by the defendant as marshal of the village of Clayton, to collect money due on a tax levied by the village board on plaintiff’s land. The cause was tried by jury, and verdict and judgment having passed for defendant, the plaintiff brought error.
1Opinion of the Court
Cooley, J:
1. Tie do not consider the objections which were made-to the evidence introduced for the purpose of showing a. regular incorporation of the village, because we do not regard *30•that question, as involved in this suit. Proceedings had been taken under which a village government had been brought into existence and was exercising its authority. If defects exist, they should be pointed out in a direct proceeding for the purpose, instituted on behalf of the state. .Even the state, it has been held, may be precluded from raising such objections after the corporate government has been fairly…
2Cases cited19 opinions
- People v. MaynardMichigan Supreme Court · 1867
- Wall v. TrumbullMichigan Supreme Court · 1867
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Erskine v. HohnbachSupreme Court of the United States · 1872
- Chegaray v. . JenkinsNew York Court of Appeals · 1851
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3Cited by26 opinions
- Graham v. City of GreenvilleTexas Supreme Court · 1886
- Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
- Stockle v. SilsbeeMichigan Supreme Court · 1879
- Detroit Citizens' Street-Railway Co. v. Common Council of DetroitMichigan Supreme Court · 1901
- State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
21 more not listed; retrieve them via the Exa API.