Legal Opinion

Roedel v. Village of White Cloud

Michigan Supreme Court

Decided March 3, 1896Published

Error to Newaygo; Palmer, J. Assumpsit by Phil M. Roedel against the village of White Cloud to recover taxes paid under protest. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtGrant, J.

Plaintiff paid his taxes for the year 1893 under protest, specifying in his protest the reasons for the illegality of the tax. The case was tried before the court withotit a jury, and judgment rendered for the plaintiff.

The sole question raised upon the record is, was the payment' of the tax involuntary? Upon this point the court found as a fact that—

*507“The plaintiff refused to pay said taxes except under protest; and after the marshal had levied upon the personal property of the plaintiff to satisfy said taxes, but before he had removed the same from the premises of the plaintiff, the…

2Cases cited1 opinion

  1. Babcock v. Township of Beaver CreekMichigan Supreme Court · 1887

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