Michigan Savings Bank v. City of Detroit
Michigan Supreme Court
Error to Wayne; Lillibridge, J. Assumpsit to recover taxes paid under protest. From a judgment for plaintiff, defendant brings error. In the spring of 1892 the plaintiff was the owner of real-estate mortgages to the amount of $377,240, in each of which it was agreed that the mortgagor should pay the taxes upon the land.
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Error to Wayne; Lillibridge, J. Assumpsit to recover taxes paid under protest. From a judgment for plaintiff, defendant brings error. In the spring of 1892 the plaintiff was the owner of real-estate mortgages to the amount of $377,240, in each of which it was agreed that the mortgagor should pay the taxes upon the land. On March 26th the plaintiff made out a sworn statement of its real and personal property subject to assessment, and a complete schedule of these mortgages, which contained the names of the mortgagors, and the description of the property mortgaged, and submitted the same to the…
1Opinion of the CourtGrant, J.
(after stating the facts). It is unnecessary to cite the numerous authorities of this court to the proposition that boards of review are the proper tribunals for the correction of unjust assessments, and that parties will not be heard in the courts until they have exhausted their remedy before these tribunals. This is conceded, but the plaintiff seeks to excuse the non-performance of this duty by the claim that the assessors and common council had prejudged the plaintiff’s case, and had entered into a scheme to tax the stockholders *248in plain violation of the law, and that, therefore, it would…
2Cases cited1 opinion
- Common Council v. Board of AssessorsMichigan Supreme Court · 1892
3Cited by15 opinions
- Ward v. AlsupTennessee Supreme Court · 1898
- Crawford v. KochMichigan Supreme Court · 1912
- Fisher v. MullerMichigan Court of Appeals · 1974
- Fletcher Paper Co. v. City of AlpenaMichigan Supreme Court · 1912
- Hutson v. City of Royal OakMichigan Court of Appeals · 1970
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