People v. Smith

Respondent was convicted of resisting an officer. The treasurer of the village of Benzonia, in July, 1901, by virtue of his tax roll and warrant, levied upon certain personal property as the property of Otis Smith for a tax levied against him. While in the act of removing it, the respondent interfered, and resisted the officer. Two defenses were interposed:

1. That the property seized belonged to respondent, although in the possession of Otis Smith, and he offered to show ownership in himself.

2. The illegality of the organization of the village of Benzonia.

*71Both defenses were ruled out, and…