Legal Opinion

Hooker v. Bond

Michigan Supreme Court

Decided September 27, 1898PublishedCited by 17 opinions

Appeal from Wayne; Donovan, J. Petition by Joseph Hooker against William G. Bond, Estella C. Murgittroyd, and Elanson S. Murgittroyd, for a writ of assistance under a tax deed. From an order denying the writ, petitioner appeals.

1Opinion of the Court

Grant, O. J.

The petitioner, Joseph Hooker, presented his petition to the court below for a writ of assistance under a tax deed issued to him for delinquent taxes for the year 1892. The court denied the writ. The defendant Estella O. Murgittroyd is the owner of the original title. The validity of the proceedings under which petitioner obtained his deed is attacked for the following reasons:

1. The tax law of 1893 is unconstitutional, in that it permits landowners to be deprived of their property without due process of law.

2. The provision authorizing the issuance of the writ of assistance is…

2Cases cited10 opinions

  1. Maish v. ArizonaSupreme Court of the United States · 1896
  2. Muirhead v. SandsMichigan Supreme Court · 1897
  3. Sibley v. SmithMichigan Supreme Court · 1853
  4. Auditor General v. SparrowMichigan Supreme Court · 1898
  5. People v. DoeMichigan Supreme Court · 1850

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3Cited by17 opinions

  1. State Ex Rel. Smith v. SmithOregon Supreme Court · 1953
  2. In Re BAIL BOND FORFEITUREMichigan Supreme Court · 2014
  3. Miller v. County of KernCalifornia Supreme Court · 1907
  4. City of Detroit v. Safety Investment Corp.Michigan Supreme Court · 1939
  5. State v. JohnsonOregon Supreme Court · 1916

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