Legal Opinion

Williams v. Mayor of Detroit

Michigan Supreme Court

Decided January 15, 1853PublishedCited by 84 opinions

Appeal from the Wayne Circuit Court in Chancery. The bill of complaint in this cause was filed against the Mayor, Recorder, Aldermen, and the City Marshal of Detroit, to restrain the collection of an assessment imposed by order of the Mayor, Recorder and Aldermen upon lot 176, on the south side of Attwater street, in said city.

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Appeal from the Wayne Circuit Court in Chancery. The bill of complaint in this cause was filed against the Mayor, Recorder, Aldermen, and the City Marshal of Detroit, to restrain the collection of an assessment imposed by order of the Mayor, Recorder and Aldermen upon lot 176, on the south side of Attwater street, in said city. It is claimed in the bill of complaint that the proceedings of the Common Council in assessing complainant’s lot were unconstitutional and void, and that the assessment was irregular and illegal and not in conformity with the laws and ordinances of the Common Council,…

1Opinion of the Court

By the Court, Green, J.

The complainant asks a reversal of the decree dismissing his bill in the Court below, on two grounds:

1. That the proceedings of the Common Council in assessing his lot (176) on Attwater street, were unconstitutional and void.

2. That the assessment was irregular and illegal, not being in conformity with the laws and ordinances in that behalf passed and ordained.

Before entering upon a particular examination of the various clauses of the Constitution with which the laws and ordinances relative to assessments for paving streets, &o., in the city of Detroit, are supposed to…

2Cases cited4 opinions

  1. Le Roy v. PlattNew York Court of Chancery · 1833
  2. Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
  3. People v. Mayor of BrooklynNew York Supreme Court · 1849
  4. People ex rel. Griffing v. Mayor of BrooklynNew York Supreme Court · 1850

3Cited by84 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
  3. Youngblood v. SextonMichigan Supreme Court · 1875
  4. Wikman v. City of NoviMichigan Supreme Court · 1982
  5. Sears v. CottrellMichigan Supreme Court · 1858

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