Newberry v. City of Detroit
Michigan Supreme Court
Error to Wayne; Hally, J. Assumpsit by Truman H. Newberry and another as executors of the estate of Helen H. Newberry, deceased, against the city of Detroit to recover back taxes paid under legal duress. Judgment for plaintiffs upon a verdict directed by the court. Defendant brings error.
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Error to Wayne; Hally, J. Assumpsit by Truman H. Newberry and another as executors of the estate of Helen H. Newberry, deceased, against the city of Detroit to recover back taxes paid under legal duress. Judgment for plaintiffs upon a verdict directed by the court. Defendant brings error. The plaintiffs obtained a judgment for $7,105.57 upon a verdict directed by the court, as a part of certain paving taxes which it is claimed were illegally assessed against certain lots which were located on Chicago boulevard, Boston boulevard, and Calvert avenue, in the Voigt Park subdivision in the city of…
1Opinion of the CourtKuhn, J.
(after stating the facts). The claim is made that the payments of the assessments by Mrs. *193Newberry was a voluntary payment, and for that reason no recovery by her can be had. The charter of the city of Detroit (1904 edition), chap. 11, §37, provides in part, as to assessment rolls for paving:
“And when the same [assessment roll] shall be corrected to the satisfaction of said council it shall by resolution confirm the same. After such confirmation, such assessment shall constitute a lien until paid, upon said lots or parcels of real estate, and shall be collected in such manner as may be…
2Cases cited3 opinions
- Cox v. WelcherMichigan Supreme Court · 1888
- Thompson v. City of DetroitMichigan Supreme Court · 1897
- Pere Marquette Railroad v. City of LudingtonMichigan Supreme Court · 1903
3Cited by9 opinions
- Hudson Motor Car Co. v. City of DetroitMichigan Supreme Court · 1937
- Great Northern Railway Co. v. StateWashington Supreme Court · 1939
- Brink v. Kansas CitySupreme Court of Missouri · 1949
- Blanchard v. City of DetroitMichigan Supreme Court · 1931
- General Discount Corp. v. City of DetroitMichigan Supreme Court · 1943
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