Wilson v. Woolman

Decided May 29, 1903

Michigan Supreme Court · decided 1903-05-29

Bill by Charles Wilson against Hugh Woolman, drain commissioner of Sanilac county, and John Baird, treasurer of Marion township, to restrain the collection of a drain tax. From a decree dismissing the bill, complainant appeals. Counsel for the defendants in their brief give a succinct statement of facts, which we adopt. In 1892, the Indian Creek drain was established and constructed in the township of Marion, Sanilac county, following Indian Creek, a natural water-course.

Relies on Township of Walker v. Thomas · Auditor General v. Melze

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1903-05-29

How this case has been cited

Cited by 5 later decisions — most recently June 1929

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Grant, J.

¶1(after stating the facts). It is unnecessary to discuss the defects upon which complainant relies to defeat the payment of his taxes. The decree is right for two reasons: (1) Because the complainant knew of the proceedings as they were going on, and took none of the steps provided by statute for a speedy determination of the question of their validity. Auditor General v. Melze, 124 Mich. 285 (82 N. W. 886). (3) Complainant cannot be heard in a court of equity after the drain has been completed. He cannot stand by, see the work go on to completion, and then file a bill in equity to test the validity of the proceedings. Township of Walker v. Thomas, 123 Mich. 290 (82 N. W. 48).

¶2The decree is affirmed, with costs.

The other Justices concurred.