Hubbard v. Auditor General
Michigan Supreme Court
Mandamus by Frank W. Hubbard and James O. Wallace to compel Boscoe D. Dix, auditor general, to issue a certificate of error.
Read the full summary
Mandamus by Frank W. Hubbard and James O. Wallace to compel Boscoe D. Dix, auditor general, to issue a certificate of error. The petition alleges that relators are the owners of the S. E. i of section 30, township 16 N., range 13 E., being in the township of Verona, Huron county; that on November 30, 1896, William A. Garner and George F. Brown filed a written application with the respondent for the purchase of six descriptions of land, of which the description above is the first; that at the time said Garner and Brown deposited with the auditor general their personal check for $100, to be…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. It is urged that the writ of mandamus will not lie against respondent, because the action was wholly within his discretion and judgment. No such discretion is lodged in the auditor general. When one has complied with the law in applying to purchase state lands, he is entitled to his deed or patent. When a void deed has been issued, and the original owner applies to the auditor general, tenders the full amount of taxes due, and demands a certificate of error, he is entitled to it, and the auditor general cannot refuse it. Mandamus is the proper remedy to compel…
2Cases cited4 opinions
- Hughes v. JordanMichigan Supreme Court · 1898
- People ex rel. County of Houghton v. Commissioner of the State Land OfficeMichigan Supreme Court · 1871
- Webster v. NewellMichigan Supreme Court · 1887
- People ex rel. Estabrook v. PritchardMichigan Supreme Court · 1870
3Cited by10 opinions
- Cantlay & Tanzola, Inc. v. IngelsCalifornia Court of Appeal · 1939
- Hoffman v. SilverthornMichigan Supreme Court · 1904
- Hoffman v. Auditor GeneralMichigan Supreme Court · 1904
- Auditor General v. CliffordMichigan Supreme Court · 1906
- Moore v. Auditor GeneralMichigan Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.