Brooks v. County of Oakland

Plaintiff, as assignee of the LeinbachHumphrey Company, brought suit at law to recover approximately $63,000 paid by his assignor, without protest, for special assessments in drain proceedings.' Defendants had judgment on trial before the court.

The case is submitted on agreed statement of facts. Seven drain proceedings are involved, all of which were void for want of jurisdiction because, under them, sewers instead of drains were constructed. Clinton v. Spencer, 250 Mich. 135; Township of Lake v. Millar, 257 Mich. 135; Kinner v. Spencer, 257 Mich. 142. Plaintiff’s assignor, through its…