Michigan Supreme Court September 14, 1904, Docket No. 102 (Murphy v. Dobben)

Hooker, J.

This action is assumpsit. It was begun in justice’s court against a township treasurer and county drain commissioner to recover certain drain taxes, paid under protest, by the plaintiff and 15 others, who afterwards assigned their claims to him.

It is admitted that the drain proceedings were regular up to the commissioner’s apportionment of benefits. The Butler drain — i. e.