Travers v. Inslee
Michigan Supreme Court
Error to St. Clair Circuit. Harriet Travers brought her action of replevin for a horse seized by Gage Inslee as Marshal of the city of Port Huron, to enforce the collection of a tax assessed against John T. Travers. On the trial the defendant was allowed, against the objections of the plaintiff, to justify the taking of the property under the tax proceedings; and the rulings of the Circuit Judge admitting these proceedings in evidence were excepted to as erroneous.
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Error to St. Clair Circuit. Harriet Travers brought her action of replevin for a horse seized by Gage Inslee as Marshal of the city of Port Huron, to enforce the collection of a tax assessed against John T. Travers. On the trial the defendant was allowed, against the objections of the plaintiff, to justify the taking of the property under the tax proceedings; and the rulings of the Circuit Judge admitting these proceedings in evidence were excepted to as erroneous. A verdict was found for the defendant, and the judgment entered thereon is brought into this court by writ of error.
1Opinion of the CourtGraves, J.
The only question in this case is, whether a party whose personal property has been seized on a tax warrant for the taxes of a third person, can maintain replevin. *
The plaintiff in error maintains that the statute regulating the jurisdiction and mode of proceeding in this action, denies the remedy in every instance where the taking complained of is, in form, a seizure for taxes, and that the nonexistence of any tax against the party claiming the property, furnishes no exception to the rule. *
The provision which is supposed sufficient to produce this result is §5,008 Comp. L., which is as…
2Cited by4 opinions
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