Legal Opinion

Auditor General v. R. B. Smith Memorial Hospital Ass'n

Michigan Supreme Court

Decided April 1, 1940No. Docket No. 26, Calendar No. 40,263PublishedCited by 23 opinions

1Opinion of the CourtBushnell, C. J.

This is an appeal from a decree of the circuit court that the real property owned and used by defendant R. B. Smith Memorial Hospital Association of the city of Alma is exempt from taxation. The auditor general claims that the defendant’s hospital is not a charitable institution within the meaning* of the fourth paragraph of 1 Comp. Laws 1929, § 3395 (Stat. Ann. § 7.7). Although organized as a nonprofit corporation, defendant charges all patients for its services, but does not collect from the indigent. The testimony shows that there was an excess of revenue over costs during* certain periods…

2Cases cited5 opinions

  1. Downes v. Harper HospitalMichigan Supreme Court · 1894
  2. Bruce v. Henry Ford HospitalMichigan Supreme Court · 1931
  3. Michigan Sanitarium & Benevolent Ass'n v. City of Battle CreekMichigan Supreme Court · 1904
  4. Pepke v. Grace HospitalMichigan Supreme Court · 1902
  5. Attorney General v. Common CouncilMichigan Supreme Court · 1897

3Cited by23 opinions

  1. Fredericka Home for the Aged v. County of San DiegoCalifornia Supreme Court · 1950
  2. Wexford Medical Group v. City of CadillacMichigan Supreme Court · 2006
  3. Michigan Baptist Homes & Development Co. v. City of Ann ArborMichigan Supreme Court · 1976
  4. Retirement Homes of the Detroit Annual Conference of the United Methodist Church, Inc v. Sylvan TownshipMichigan Supreme Court · 1982
  5. Oakwood Hospital Corp. v. State Tax CommissionMichigan Supreme Court · 1965

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