Kinyon v. Duchene
Michigan Supreme Court
Appeal in Chancery from Sfc. Clair Circuit. The complainant filed his bill in the Circuit Court for the County of St. Clair in Chancery, against the defendant, as Treasurer of the town of China, to restrain the collection of a tax levied by the Board of Drain Commissioners for that county, upon the property of the complainant, for the construction of a ditch under proceedings alleged to be in pursuance of Act No. 216 of the Laws of 1861, and the acts amendatory thereto.
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Appeal in Chancery from Sfc. Clair Circuit. The complainant filed his bill in the Circuit Court for the County of St. Clair in Chancery, against the defendant, as Treasurer of the town of China, to restrain the collection of a tax levied by the Board of Drain Commissioners for that county, upon the property of the complainant, for the construction of a ditch under proceedings alleged to be in pursuance of Act No. 216 of the Laws of 1861, and the acts amendatory thereto. The Court below dismissed the bill, and the complainant appeals to this Court.
1Opinion of the CourtChristiancy, J.
This was a bill to enjoin the collection of certain drain or ditch taxes, attempted to bo assessed upon the lands of complainant by three persons assuming to act as a Board of Drain Commissioners, which taxes the defendant, as township treasurer, was, by the warrant of the Supervisor of the township, directed to collect.. Upon a hearing upon pleadings and proofs, the Court below dismissed the bill; and complainant has appealed to this Court.
*499Several questions were raised and discussed on the argument. One point, however, is, we think, decisive of the cause.
The several persons assuming to act…
2Cases cited5 opinions
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Miller v. GrandyMichigan Supreme Court · 1865
- Woodbridge v. City of DetroitMichigan Supreme Court · 1860
- Scofield v. City of LansingMichigan Supreme Court · 1868
- Palmer v. RichMichigan Supreme Court · 1864
3Cited by20 opinions
- Blessing v. City of GalvestonTexas Supreme Court · 1874
- Commonwealth Ex Rel. McCreary v. MajorSupreme Court of Pennsylvania · 1941
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Wood v. Town of WhitehallNew York Supreme Court · 1923
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