Legal Opinion

Farr v. City of Detroit

Michigan Supreme Court

Decided March 29, 1904No. Docket No. 79PublishedCited by 15 opinions

Appeal from Wayne; Hosmer, J. Bill by Merton E. Farr against the city of Detroit and Thomas M. Lucking, receiver of taxes, to restrain the collection of a paving tax. From a decree for complainant, defendants appeal.

1Opinion of the CourtMontgomery, J.

In this case, in my view, the question presented is whether this complainant is entitled to the remedy which he seeks in a court of equity. The facts are sufficiently stated in the opinion of Mr. Justice Grant. The stipulation is that complainant had such knowledge of the work as a person living on said avenue would naturally have. There was testimony tending to show that this property was benefited by the improvement *201to the extent of the assessment. In addition to this, complainant was bound to take notice of the public statutes of the State, and that, under the charter of the city of…

2Cases cited5 opinions

  1. Atwell v. BarnesMichigan Supreme Court · 1896
  2. Byram v. City of DetroitMichigan Supreme Court · 1883
  3. Lundbom v. City of ManisteeMichigan Supreme Court · 1892
  4. Hagar v. CoupMichigan Supreme Court · 1883
  5. Fitzhugh v. City of BayMichigan Supreme Court · 1896

3Cited by15 opinions

  1. Hackney v. ElliottNorth Dakota Supreme Court · 1912
  2. Johnston v. City of HartfordSupreme Court of Connecticut · 1921
  3. W. F. Stewart Co. v. City of FlintMichigan Supreme Court · 1907
  4. Auditor General v. BishopMichigan Supreme Court · 1910
  5. Attwood Brass Works v. City of Grand RapidsMichigan Supreme Court · 1925

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