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125 Mich. 117

Brown v. Napper

Michigan Supreme Court

Decided October 31, 1900

Michigan Supreme Court · decided 1900-10-31

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.

Cited by 5 later decisions — most recently December 1916

5 state decisions

Relies on Gates v. Johnson · Brown v. Houghton Mineral Land & Mining Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1900-10-31

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Per Curiam.

¶1The 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.

¶2The decree of the court below is affirmed.

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