Township of Ovid v. Haire
Michigan Supreme Court
Error to Clinton; Stone, J. Assumpsit by the township of Ovid against James Haire for taxes on personal property. From a judgment for plaintiff, defendant brings error. Plaintiff sued defendant in justice’s court to recover the amount of taxes assessed against him upon personal property.
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Error to Clinton; Stone, J. Assumpsit by the township of Ovid against James Haire for taxes on personal property. From a judgment for plaintiff, defendant brings error. Plaintiff sued defendant in justice’s court to recover the amount of taxes assessed against him upon personal property. Summons was duly served, and defendant appeared specially, and objected to the jurisdiction of the court upon the ground that the summons issued was not such a summons as the law required to be served upon a nonresident; defendant claiming to be a nonresident. The objection was overruled, and the case was…
1Opinion of the CourtGrant, J.
(after stating the. facts). The objections made to the jurisdiction of the justice’s court were waived by the plea of the general issue.
The return of the justice did not state the substance of the declaration; it simply states that the plaintiff declared verbally. Among the papers returned by the justice was a statement by the county treasurer of uncollected personal taxes, on which was the amount assessed against the defendant. This paper showed the claim against the *355defendant. Defendant relies upon those authorities holding that an amendment cannot be allowed in the circuit court which…
2Cases cited3 opinions
- Township of Bangor v. Smith Transportation Co.Michigan Supreme Court · 1897
- Loranger v. DavidsonMichigan Supreme Court · 1896
- Moore v. HansenMichigan Supreme Court · 1889