258 Mich. 235

SALISBURY v. CITY OF DETROIT.

Submitted January 26, 1932.

(Calendar No. 36,277.)

Decided April 4, 1932.

James F. Lane (Miller, Canfield, Paddock & Stone, John C. Spaulding, and George W. Bourke, of counsel), for plaintiffs.

Paul T. Dwyer (Clarence E. Wilcox, of counsel), for defendants.

Fead, J.

This is a bill in chancery by- a large number of separate owners of land to recover special paving assessments, paid by them individually, on an assessment held void in Miller v. City of Detroit, 244 Mich. 38. Among others, defendants, pleaded the defenses of the statute of limitations and ade*236quate remedy at law. The court entered an order transferring the case to the law side of the court for trial.

The remedy to recover illegal taxes paid is in assumpsit for money had and received. Blanchard v. City of Detroit, 253 Mich. 491, does not change the remedy. The bill there alleged a cause for injunctive relief, and, under familiar rule, the court disposed of the whole controversy. The existence of a number of independent actions at law does not constitute the multiplicity of suits which confers equitable jurisdiction. Youngblood v. Sexton, 32 Mich. 406 (20 Am. Rep. 654).

Order affirmed, with costs.

. Clark, C. J., and Potter, Sharpe, North, Wibst, and Btjtzel, JJ., concurred. McDonald, J., did not sit.

Salisbury v. City of Detroit
258 Mich. 235

Case Details

Name
Salisbury v. City of Detroit
Decision Date
Apr 4, 1932
Citations

258 Mich. 235

Jurisdiction
Michigan

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