Dawson v. Township of Aurelius

This is an action of assumpsit to recover the amount of a drain tax, which plaintiff had paid to the township treasurer under protest, and which the treasurer had subsequently paid out on the order of the township board. The proceedings in laying out the drain were found to be illegal, by reason of the failure of the drain commissi oner, to comply with' certain provisions of the statute, and the ground •of recovery relied upon is that the township has received the plaintiff’s money without right, and lias appropriated it to the use of others without authority of law.

On the finding of facts…