Legal Opinion

Hillyer v. Township of Jonesfield

Michigan Supreme Court

Decided October 25, 1897PublishedCited by 9 opinions

Error to Saginaw; Wilber, J. Assumpsit by Eugene H. Hillyer against the township of Jonesfield to recover drain taxes paid under protest. From a judgment for defendant on demurrer to the declaration, plaintiff brings error.

1Opinion of the CourtMontgomery, J.

Plaintiff sued to recover a drain tax paid to the treasurer of defendant township under protest, claiming that the tax was invalid, for the reason stated in the protest.

This court has held, in a number of cases, that the township, as a township, is not concerned in the levy and collection of a drain tax, and that an action could not be maintained against the township to recover a drain tax paid to the treasurer. See Dawson v. Township of Aurelius, 49 Mich. 480; Taylor v. Township of Avon, 73 Mich. 604; Camp v. Township of Algansee, 50 Mich. 4. Plaintiff’s counsel concede that such was the…

2Cases cited2 opinions

  1. Taylor v. Township of AvonMichigan Supreme Court · 1889
  2. Camp v. Township of AlganseeMichigan Supreme Court · 1883

3Cited by9 opinions

  1. Albert v. GibsonMichigan Supreme Court · 1905
  2. Cilley v. SullivanMichigan Supreme Court · 1915
  3. Brooks v. County of OaklandMichigan Supreme Court · 1934
  4. Jenney v. Township of MusseyMichigan Supreme Court · 1899
  5. Township of Cooper v. LittleMichigan Supreme Court · 1922

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