Salisbury v. City of Detroit

This is a bill in chancery by- a large number of separate owners of land to recover special paving assessments, paid by them individually, on an assessment held void in Miller v. City of Detroit, 244 Mich. 38. Among others, defendants, pleaded the defenses of the statute of limitations and ade quate remedy at law. The court entered an order transferring the case to the law side of the court for trial.

The remedy to recover illegal taxes paid is in assumpsit for money had and received. Blanchard v. City of Detroit, 253 Mich. 491, does not change the remedy. The bill there alleged a cause for…