Woodmere Cemetery Ass'n v. City of Detroit
Michigan Supreme Court
Appeal from Wayne; McDonald, J., presiding. Bill by the Woodmere Cemetery Association against the city of Detroit to set aside certain pavement assessments and to cancel the sale of complainant’s property for said special assessments. From a decree for complainant, defendant appeals.
1Opinion of the CourtOstrander, J.
(after stating the facts). It is asserted by complainant that the only method provided by law. for the collection of a paving tax in Detroit is by a sale of the property if the tax is not paid. This assertion is not disputed by defendant. Whether the city may sue the owner of the property as for a debt (see Charter, § 221), in any case where a special .assessment for paving has been laid and is not paid, Is not in this case a material question. It is clear that in the scheme for paying taxes each assessment constitutes “a lien, until paid, upon said lots or parcels of real estate,” and the…
2Cases cited8 opinions
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Proprietors of the Cemetery v. Mayor of CambridgeMassachusetts Supreme Judicial Court · 1889
- Louisville v. NevinCourt of Appeals of Kentucky · 1874
- City of Seattle v. Mount Pleasant Cemetery Co.Washington Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Auditor General v. Union Benevolent Ass'nMichigan Supreme Court · 1924
- Forest Hill Cemetery Co. v. City of Ann ArborMichigan Supreme Court · 1942
- Hollywood Cemetery Assn. v. PowellCalifornia Supreme Court · 1930
- White Chapel Memorial Ass'n v. WillsonMichigan Supreme Court · 1932
- Saginaw Hebrew Benevolent Society v. BuddMichigan Supreme Court · 1952
8 more not listed; retrieve them via the Exa API.