Legal Opinion

Mitchell v. Township of Lake

Michigan Supreme Court

Decided April 25, 1901Published

Case made from Missaukee; Aldrich, J. Assumpsit by William W. Mitchell and Austin W. Mitchell, copartners as Mitchell Brothers, against the township of Lake, to recover taxes paid under protest. There was a judgment for plaintiffs for less than the-amount claimed, and both parties assign error.

1Opinion of the CourtMoore, J.

Plaintiffs were the owners of certain logs, which were assessed by two assessing officers of different townships. The taxes were paid by them in both assessing districts. The payment in the township of Lake was made under protest. This action is brought to recover back the amount so paid. Two suits were brought, — one for the taxes of 1898, and one for the taxes of 1899. The disposition of this case will decide all the questions in-1 volved in both cases. The following agreed statement of facts was presented to the trial court:

“First. The above-named plaintiffs are copartners in. business,…

2Cases cited4 opinions

  1. Hood v. JudkinsMichigan Supreme Court · 1886
  2. Maurer v. CliffMichigan Supreme Court · 1892
  3. Elk Rapids Iron Co. v. Township of HelenaMichigan Supreme Court · 1898
  4. Township of Plainfield v. SageMichigan Supreme Court · 1895

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