Legal Opinion

Powers v. Rockwell

Michigan Supreme Court

Decided October 1, 1912No. Docket No. 22Published

Error to Eaton; Smith, J. Assumpsit by Eugene Powers against Sidney S. Rockwell, treasurer of the township of Yermontville, Eaton county, Michigan, for the recovery of taxes paid under protest. Judgment for defendant; plaintiff brings error.

1Opinion of the CourtMcAlvay, J.

Appellant brought suit against defendant, treasurer of the township of Yermontville, Eaton county, to recover in assumpsit the amount of certain taxes paid by him and his assignors to defendant as township treasurer, under protest. To the special count in the declaration filed in the case, defendant interposed á demurrer upon the grounds that this count of the declaration charged no legal liability against the defendant, and that it averred no cause of action. This demurrer was sustained by the trial court. The case proceeded to trial upon the common counts before the court without a jury.…

2Cases cited2 opinions

  1. Taylor v. Township of AvonMichigan Supreme Court · 1889
  2. Daniels v. Township of WatertownMichigan Supreme Court · 1884

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