City of Grand Rapids v. Blakely

Blakeley brought assumpsit for money had and received to recover back a sum of money alleged to have been illegally claimed and collected as a special tax for a street improvement in the city. He obtained judgment in the Superior Court and the city brought error.

The question is raised that a large part of the amount adjudged against the city was in fact paid some time after the warrant for collection had run out, and as a consequence that the payment should be held a voluntary one. This point is not authorized by the record. In submitting the ease the judge distinctly assumed that the tax was…