Emerson v. Township of Walker
Michigan Supreme Court
Appeal from Kent. (Montgomery, J.) Bill to enjoin tbe collection of a drain tax. Complainants ■appeal. Tbe facts are stated in tbe ■opinion.
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Appeal from Kent. (Montgomery, J.) Bill to enjoin tbe collection of a drain tax. Complainants ■appeal. Tbe facts are stated in tbe ■opinion. The township is interested in these drain proceedings: Township of Whiteford v. Probate Judge, 53 Mich. 134; and -should be made a party, for the cloud on complainants’ lands would not be removed by enjoining the action of the treasurer: Thomas v. Gain, 35 Mich. 165. See, also, Scofield v. Lansing, 17 Mich. 437; Folkerts v. Power, 42 Id. 288; Adams v. Auditor General, 43 Id. 454. The suit is not maintainable against tbe township: Dawson v. Township of…
1Opinion of the Court
ChampliNj J.
The bill of complaint in this cause was filed for the purpose of enjoining the defendant Kinney from collecting certain drain taxes assessed to defray the expense of constructing a drain in the township of Walker.
The drain was laid out by the township drain .commissioner in October, 1884, and the supervisor spread the tax upon his roll for collection in December following.
The bill sets forth certain alleged irregularities, which the complainants allege rendered the proceedings absolutely null and void, and they pray that the—
“So-called drain tax upon said land may be declared to…
2Cited by2 opinions
- Barker v. Township of VernonMichigan Supreme Court · 1886
- Alger v. SlaghtMichigan Supreme Court · 1887