Hammond v. Place
Michigan Supreme Court
Certiorari to Muskegon; Russell, J. Mandamus by Henry B. Hammond and others to compel Charles S. Place, assessor of the city of North Muskegon, to assess against the taxable property of the city the amount of a judgment recovered by relators. Prom an order granting the writ, respondent brings certiorari.
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Certiorari to Muskegon; Russell, J. Mandamus by Henry B. Hammond and others to compel Charles S. Place, assessor of the city of North Muskegon, to assess against the taxable property of the city the amount of a judgment recovered by relators. Prom an order granting the writ, respondent brings certiorari. June 11,1896, the relators recovered a judgment against the city of North Muskegon for $1,393.60. They then applied to the respondent, the assessor, to place the amount of this judgment upon the tax roll for collection. He refused. They thereupon presented a petition to the circuit court for…
1Opinion of the CourtGrant, C. J.
{after stating the facts). 1. No claim is made that these bonds were not valid when issued. Counsel insist that the sole remedy possessed by the persons holding them was by mandamus to compel an assessment as they became due. If this were a defense, it should have been raised in that suit. The position, however, is untenable. Even if an amount sufficient to pay them had been included in prior assessments, and had failed of collection, or had been collected and misappropriated, this would not bar the right of the holders to sue upon their bonds. Ralls County Court v. U. S., 105 U. S. 733.
2. Is…
2Cases cited10 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
- United States v. County of MacOnSupreme Court of the United States · 1879
- Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
- State ex rel. Watkins v. Macon County CourtSupreme Court of Missouri · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wayne Circuit Judges v. Wayne CountyMichigan Supreme Court · 1971
- McArthur v. SmallwoodSupreme Court of Arkansas · 1955
- Thompson v. Auditor GeneralMichigan Supreme Court · 1933
- State Highway Commissioner v. Detroit City ControllerMichigan Supreme Court · 1951
- Harsha v. City of DetroitMichigan Supreme Court · 1933
14 more not listed; retrieve them via the Exa API.