Smith v. Carlow
Michigan Supreme Court
Error to Lapeer; Smith, J. Assumpsit by Nathaniel Smith against Lyman A. Car-low, treasurer of Imlay township, to recover taxes paid under protest. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This case is no stranger to the courts.
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Error to Lapeer; Smith, J. Assumpsit by Nathaniel Smith against Lyman A. Car-low, treasurer of Imlay township, to recover taxes paid under protest. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This case is no stranger to the courts. It involves the validity of the proceedings to construct what is known as the “North Branch' of Mill Creek Drain,” situated in the counties of St. Clair and Lapeer, which drain is several miles in length. No proceedings were taken to contest the validity of this drain until it was nearly completed, at an expense of…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The point was raised in the court below that the question was res judicata. This question is not raised in this court by counsel, perhaps for the reason that an adjudication upon the entire controversy is desired. Speaking for myself, I am unable to see why the question is not res judicata. I have examined the papers in the certiorari case, and, as above stated, the proceeding was attacked upon every ground now raised. The order of the court shows that it passed upon the validity of the proceedings. Inasmuch, however, as this point is not raised, we will proceed…
2Cases cited6 opinions
- Brown v. City of Grand RapidsMichigan Supreme Court · 1890
- Township of Caledonia v. RoseMichigan Supreme Court · 1892
- Gillett v. McLaughlinMichigan Supreme Court · 1888
- Nelson v. City of SaginawMichigan Supreme Court · 1895
- Sage v. LaurainMichigan Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Oliver v. Monona CountySupreme Court of Iowa · 1902
- Oakland County Drain Com'r v. City of Royal OakMichigan Supreme Court · 1943
- City of Cuyahoga Falls v. BeckOhio Supreme Court · 1924
- Hinkley v. BishoppMichigan Supreme Court · 1908
22 more not listed; retrieve them via the Exa API.