Legal Opinion

Pioneer Fuel Co. v. Molloy

Michigan Supreme Court

Decided September 30, 1902No. Docket No. 33PublishedCited by 3 opinions

Error to Delta; Stone, J. Replevin by the Pioneer Fuel Company against John Molloy, marshal of the city of Gladstone. From a judgment for defendant on verdict directed.by the court, plaintiff brings error.

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Error to Delta; Stone, J. Replevin by the Pioneer Fuel Company against John Molloy, marshal of the city of Gladstone. From a judgment for defendant on verdict directed.by the court, plaintiff brings error. Plaintiff contended that the provision of Act No. 349, Bocal Acts 1897, purporting to authorize the marshal of the city of Gladstone to collect taxes (section 15, page 206), was in violation of Const, art. 4, § 25, inasmuch as the title and enacting clause of said act indicated an intention to amend section 15 of chapter 29 of the charter, relating to “the assessment and collection of…

1Opinion of the CourtMontgomery, J.

This is an action of replevin for a quantity of coal, which was seized by the defendant, as marshal of the city of Gladstone, for a personal tax that had been assessed upon the roll of that city for the year 1900. The assessment is made to “J. M. Beattie, agent for the Pioneer Fuel Company.” The tax extended is $964.58. As the case stood at the close of the testimony, there was, in addition to the facts of the assessment and the seizure by the marshal, evidence that the coal, which was assessed in the manner above stated, was not the property of the plaintiff, but was the property of the Erie…

2Cases cited8 opinions

  1. Common Council v. SchmidMichigan Supreme Court · 1901
  2. People ex rel. Comstock v. Judge of Superior CourtMichigan Supreme Court · 1878
  3. Fort-Street Union Depot Co. v. Commissioner of RailroadsMichigan Supreme Court · 1898
  4. Minneapolis & Northern Elevator Co. v. Traill CountyNorth Dakota Supreme Court · 1900
  5. Forster v. BrownMichigan Supreme Court · 1898

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

3Cited by3 opinions

  1. Engineering Society of Detroit v. City of DetroitMichigan Supreme Court · 1944
  2. Landis Machine Co. v. Omaha Merchants Transfer Co.Nebraska Supreme Court · 1942
  3. Crawford v. KochMichigan Supreme Court · 1912

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