Nickodemus v. City of East Saginaw
Michigan Supreme Court
Case made from the Recorder’s Court of Bast Saginaw. This is an action of assumpsit, to recover from the city the sum of eighty-five dollars and one cent, paid by tbe plaintiff, to tbe city marshal, upon a special assessment for the improvement of Genesee street. It was admitted that the tax was illegal.
Read the full summary
Case made from the Recorder’s Court of Bast Saginaw. This is an action of assumpsit, to recover from the city the sum of eighty-five dollars and one cent, paid by tbe plaintiff, to tbe city marshal, upon a special assessment for the improvement of Genesee street. It was admitted that the tax was illegal. The evidence showed that the marshal applied to the plaintiff, and demanded payment of the tax, and threatened to seize and sell his personal property, if he refused or declined to pay, and stated to him that the city would make him good, if the tax was not legal; and that the plaintiff paid…
1Opinion of the Court
Christiancy, Ch. J.
This was an action brought to recover back the amount of taxes illegally assessed to, and paid by, the plaintiff. The plaintiff recovered judgment for the amount, in the recorder’s court, which is brought to this court upon a case made, setting forth the opinion of the recorder, with the correctness oí which we are so entirely satisfied, that we adopt it as our own.
The judgment of the recorder is affirmed, with costs to the plaintiff.
The other Justices concurred.
2Cited by5 opinions
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
- Louden v. SaginawMichigan Supreme Court · 1879
- Canfield Salt & Lumber Co. v. Township of ManisteeMichigan Supreme Court · 1894
- Stephan v. DanielsOhio Supreme Court · 1875
- Wilson v. PeltonOhio Supreme Court · 1883