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Brown v. Napper

Brown v. Napper, 83 N.W. 999 (Mich. 1900)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 31, 1900
Citations
83 N.W. 999125 Mich. 1171900 Mich. LEXIS 677
Disposition
Affirmed.
Cited by 5
Headnotes
Tax Sales — Premature Decree. A decree of sale in a tax proceeding, entered on the fifth day after the day fixed for hearing the auditor general’s petition, the court having been in continuous session in the meantime, is not premature, within section 66 of the tax law of 1893, giving landowners five days after such day of hearing within which to appear and ask leave to file objections to the tax.
Summary
Appeal from Alpena; Kelley, J. Petition by George F. Brown and A. B. Cullen against Robert Napper and John E. Fitzpatrick for a writ of assistance. From an order granting the writ, respondents appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The only question involved in this case is the validity of a decree made for the delinquent taxes of 1893. The time fixed for the hearing of the petition of the auditor general was Monday, November 11, 1895. The court remained in session each day successively, up to and including Saturday, November 16th, at which time the decree was taken. Neither of the respondents appeared or objected to the entry of the decree. They now insist the decree was taken one day too soon. We think the recent cases of Gates v. Johnson, 121 Mich. 663 ( 80 N. W. 709 ), and Brown v. Mining Co., 123 Mich. 117 ( 81 N. W. 969 ), are controlling against the claim of respondents.

The decree of the court below is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1905: 21906: 21916: 119052026peak 1905 · 2

Relies on it most ⓘ

  1. Napper v. Fitzpatrick160 N.W. 400 (Mich. 1916)
  2. Wolverine Land Co. v. Davis104 N.W. 648 (Mich. 1905)
  3. Napper v. Fitzpatrick102 N.W. 642 (Mich. 1905)
  4. Goodell v. Auditor General106 N.W. 890 (Mich. 1906)
  5. Brown v. Napper107 N.W. 438 (Mich. 1906)

Most recent

  1. Napper v. Fitzpatrick160 N.W. 400 (Mich. 1916)
  2. Brown v. Napper107 N.W. 438 (Mich. 1906)
  3. Goodell v. Auditor General106 N.W. 890 (Mich. 1906)
  4. Wolverine Land Co. v. Davis104 N.W. 648 (Mich. 1905)
  5. Napper v. Fitzpatrick102 N.W. 642 (Mich. 1905)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Gates v. Johnson, 80 N.W. 709 (Mich. 1899) 7
Brown v. Houghton Mineral Land & Mining Co., 81 N.W. 969 (Mich. 1900) 4

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