Camp v. Township of Algansee

Under color of proceedings, which were not lawful, to lay out a drain, a tax was assessed against the plaintiff which he paid under protest. He then brought this action of assumpsit to recover it back and the court entered judgment for him. The facts appear in a finding by the circuit judge and we are satisfied that the case which they present is governed by Damson v. Township of Aurelius, 49 Mich. 479.

The suggestion of a distinction is without force. It is said that in the case cited the money never went into the hands of the township treasurer, while in the case at bar the fact is expressly…