Dunning v. Calkins
Michigan Supreme Court
Error to Shiawassee. (Newton, J.) TboyeR. Defendant brings error. A tax collector need not loot behind his process for authority to issue the same; Foster v. Wiley 27 Mich. 244; Savacool v. Boughton 5 Wend. 170; Parker v. WaT/rod 16 Wend. 614; Fulton v. Heaton 1 Barb. 652; Cornell v. Barnes 1 Hill 35.
1Opinion of the CourtCaMpbell, J.
Plaintiff sued defendant for the wrongful seizure and conversion of personal property. Defendant undertook to justify under a tax warrant upon which plaintiff was charged vpth a drain assessment. When this warrant was presented it was objected to on several plainly expressed grounds, and "the court below ruled it out, on the ground that the statute gave no authority to collect the tax from the personal property. Defendant brought error.
The plaintiff’s counsel in this Court relied on all the objections raised below, as he had a right to do, as the judgment cannot be reversed if the decision…
2Cited by1 opinion
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