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Auditor General v. Buckeye Iron Co.

Auditor Gen. v. Buckeye Iron Co., 93 N.W. 1080 (Mich. 1903)
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Court
Michigan Supreme Court · State Highest Courts
Decided
March 23, 1903
Docket
No. 95
Judges
Montgomery, Other
Citations
93 N.W. 1080132 Mich. 4541903 Mich. LEXIS 846
Disposition
Affirmed.
Headnotes
Taxation — Board op Review — Record. The failure of the board of review to keep a record of its proceedings, as required by section 3856, 1 Comp. Laws, does not render invalid a tax against one who has suffered no injury by reason of such omission. 1 Comp. Laws, § 3922.
Summary
Appeal from Marquette; Stone, J. Petition by Perry F. Powers, auditor general, for the sale of land delinquent for taxes: On objections filed by the Buckeye Iron Company. From a decree for petitioner, defendant appeals.

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

Opinion of the Court — Montgomery

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Montgomery, J.

This case presents the single question whether the failure of the board of review to keep a record of its proceedings, as required by section 3856, 1 Comp. Laws, renders the tax spread upon the roll invalid as against one who has suffered no injury by reason of such omission; his own assessment, when disturbed at all, having been reduced.

We think this question should be answered in the negative, on the authority of section 3922, 1 Comp. Laws, which provides that :

“No tax assessed upon any property, or sale the ref or,, shall be held invalid by any court of this State on account of any irregularity in any assessment, or on account of any assessment or tax roll not having been made or proceeding had within the time required by law, or on account of the property having been assessed without the name of the owner, or in the name of any person other than the owner, or on account of any other irregularity, informality, or omission, or want of any matter of form *455 or substance in any proceeding that does not prejudice tbe property rights of the person whose property is taxed.”

The decree is affirmed, with costs.

The other Justices concurred.

How later courts describe this case

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

1915: 11916: 11923: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. Story & Clark Piano Co. v. Hilderink155 N.W. 445 (Mich. 1915)
  2. Kelsey v. Township of Burns193 N.W. 822 (Mich. 1923)
  3. Auditor General v. Stone155 N.W. 713 (Mich. 1916)

Most recent

  1. Kelsey v. Township of Burns193 N.W. 822 (Mich. 1923)
  2. Auditor General v. Stone155 N.W. 713 (Mich. 1916)
  3. Story & Clark Piano Co. v. Hilderink155 N.W. 445 (Mich. 1915)

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.

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