Aplin v. Sloman

The Auditor General filed a petition in the Wayne circuit court, under the tax law of 1889, to enforce the lien for State and county taxes of 1887 upon *119respondent’s land. Respondent demurred to the petition upon the following grounds:

“1. That the tax law of 1889, under which said'petition is filed, is unconstitutional and void, for the following reasons:

“ a — It provides for advertising a sale of lands for unpaid taxes before obtaining a decree therefor,

“ b — It cuts off the common-law right of trial by jury, which existed in such cases when the Constitution of 1850 was adopted.

“ e — It makes…