Legal Opinion

Lake Shore & M. S. Ry. Co. v. Powers

U.S. Circuit Court for the District of Western Michigan

Decided May 19, 1905Published

In Equity. Suit to enjoin the collection of taxes.

1Opinion of the Court

WANTY, District Judge.

The bills in these cases, besides raising all the questions disposed of -in the opinion just filed in'the Michigan Railroad Tax Cases, 138 Fed. 223, claim relief from excessive taxes on account of the raising of complainants’ assessments by the state board of assessors without notice, and in violation of their rights. The statute (Acts 1901, p. 241, No. 173, § 8) provides that:

“Prior to the fifteenth day of December in each year, it shall be the duty of the board of assessors to prepare an assessment roll as provided in section 4 of this act, upon which they shall assess…

2Cases cited7 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
  2. Avery v. City of East SaginawMichigan Supreme Court · 1880
  3. Mercantile Nat. Bank of Cleveland v. HubbardU.S. Circuit Court for the District of Northern Ohio · 1899
  4. Common Council of Village of Three Rivers v. SmithMichigan Supreme Court · 1894
  5. Pere Marquette R. Co. v. PowersU.S. Circuit Court for the District of Western Michigan · 1905

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