Legal Opinion

LeRoy v. East Saginaw City Railway

Michigan Supreme Court

Decided April 20, 1869PublishedCited by 25 opinions

Error to Saginaw Circuit. This was an action of replevin, brought by the East Saginaw Railway Company against the City Tax Collector for certain property levied upon for the non-payment of taxes. A verdict was rendered for plaintiff below. The facts are stated in the opinion. This is an action of replevin in the cepit, brought for the recovery of one pair of mares, mentioned in the declaration. The action cannot be maintained unless the property was unlawfully taken.

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Error to Saginaw Circuit. This was an action of replevin, brought by the East Saginaw Railway Company against the City Tax Collector for certain property levied upon for the non-payment of taxes. A verdict was rendered for plaintiff below. The facts are stated in the opinion. This is an action of replevin in the cepit, brought for the recovery of one pair of mares, mentioned in the declaration. The action cannot be maintained unless the property was unlawfully taken. The warrants annexed to the assessment rolls, it is admitted, were in due form of law; and the marshal was therein directed to…

1Opinion of the Court

Christiancy J.

This was an action of replevin brought by defendant in error, a corporation organized under chapter 71, compiled laws (to provide for the construction of train railways), and the Acts of 1861 and 1863 amendatory thereof, against the plaintiff in error, who was marshal and collector of taxes of the city of East Saginaw, who had levied upon and taken the property in question under warrants attached to his rolls, to satisfy state and county taxes, as well as certain city and local taxes assessed against the defendants in error.

The affidavit on behalf of the company upon which the…

2Cases cited4 opinions

  1. Trudo v. AndersonMichigan Supreme Court · 1862
  2. People v. Albany C. P.New York Supreme Court · 1832
  3. O'Reilly v. GoodNew York Supreme Court · 1864
  4. Stiles v. GriffithSupreme Court of Pennsylvania · 1800

3Cited by25 opinions

  1. Miller v. Standard Nut Margarine Co. of Fla.Supreme Court of the United States · 1932
  2. Bird v. PerkinsMichigan Supreme Court · 1875
  3. Milliken v. Gill, Director of Internal RevenueCourt of Appeals for the Fourth Circuit · 1954
  4. Adams v. HubbardMichigan Supreme Court · 1874
  5. Mathews v. DensmoreMichigan Supreme Court · 1880

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