Gilson v. Munson
Michigan Supreme Court
Certiorari to Lenawee; Lane, J. Mandamus by Edwin Gilson, administrator of the estate of Cornelius Gilson, deceased, to compel Dale Munson, supervisor of the township of Deerfield, to spread upon the tax roll against the lands of Adolph Knipping an amount awarded by the fence viewers as relator’s damages for building a finé fence. From an order granting the writ, respondent brings certiorari.
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Certiorari to Lenawee; Lane, J. Mandamus by Edwin Gilson, administrator of the estate of Cornelius Gilson, deceased, to compel Dale Munson, supervisor of the township of Deerfield, to spread upon the tax roll against the lands of Adolph Knipping an amount awarded by the fence viewers as relator’s damages for building a finé fence. From an order granting the writ, respondent brings certiorari. The following is a correct statement of the case taken from respondent’s brief: ' “Cornelius Gilson, the relator, and Adolph Knipping, own and occupy farms in the township of Deerfield. Their farms have…
1Opinion of the CourtGrant, J.
(after stating the facts). Counsel for respondent attacks the constitutionality of the law for two reasons:
1. It deprives a man of his property without due process of law.
2. The State has no power to tax except for public purposes.
The sole ground of attack under the first reason is that the statute does not provide for notice to be given of the meeting of the fence viewers to assess the cost of the fence. While it is true that the statute does not expressly provide for notice, yet it does so provide by implication. The decision of fence viewers under this and similar statutes is conclusive.…
2Cases cited3 opinions
- McKeever v. JenksSupreme Court of Iowa · 1882
- Oxborough v. BoesserSupreme Court of Minnesota · 1882
- Harris v. SturdivantSupreme Judicial Court of Maine · 1849
3Cited by9 opinions
- Tomlinson v. BainakaIndiana Supreme Court · 1904
- Neversorry v. Duluth, South Shore & Atlantic Railway CoMichigan Supreme Court · 1897
- Lumber Co. v. . SmithSupreme Court of North Carolina · 1907
- Hill v. TohillIllinois Supreme Court · 1907
- Miller v. HoffmanMichigan Supreme Court · 1904
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