Legal Opinion

Hamilton & Merryman Co. v. Township of L'Anse

Michigan Supreme Court

Decided December 17, 1895PublishedCited by 3 opinions

Appeal from Baraga; Haire, J., presiding. Bill by the Hamilton & Merryman Company and others against the township of L’Anse to remove a cloud from the title to lands, arising from an illegal tax levy. From a decree for complainants, defendant appeals.

1Opinion of the Court

McGrath, G. J.

This is a bill filed to remove a cloud from the title to lands, arising from a highway tax levied thereon, which it is alleged was without authority of law.

The highway tax assessed for the year 1893 consisted entirely of a labor tax. Under the statute, the commissioner apportions the, highway labor to the several road districts, and lists the same; the township clerk makes duplicate lists, and retains one copy in his office; and the commissioner delivers the others, with his warrant commanding, etc., to the several overseers. 3 How. Stat. §§ 1331, 1332. By section 1423, every…

2Cases cited7 opinions

  1. Township of Caledonia v. RoseMichigan Supreme Court · 1892
  2. Seymour v. PetersMichigan Supreme Court · 1887
  3. Upton v. KennedyMichigan Supreme Court · 1877
  4. Hogelskamp v. WeeksMichigan Supreme Court · 1877
  5. Newkirk v. FisherMichigan Supreme Court · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Auditor General v. HutchinsonMichigan Supreme Court · 1897
  2. City of Detroit v. GeorgeMichigan Supreme Court · 1921
  3. Auditor General v. LongyearMichigan Supreme Court · 1896

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