Malonny v. Mahar

By the court,

Whipple, J.

Tbis cause comes before tbe court upon-a motion made by tbe' defendant for a new trial, and which was reserv*27ed for our advice by the presiding judge of. the circuit court of Washtenaw county.

The determination of the question, upon which the motion is founded, must depend upon the true construction of sec. 9, chap. 4, tit. 5, part 1, Rev. Stat. That section is in these words: “ If any of the taxes mentioned in the tax list annexed to his warrant shall remain unpaid, and the collector shall not be able to collect the same, he shall deliver to the county treasurer an…