County of Oceana v. Supervisor of Hart

A mandamus is asked to compel respondent to levy and collect an amount of money deficient on the-tax of 1874, having been collected and not accounted for by a defaulting town treasurer. The matter involved is the same litigated in- Township of Hart v. Oceana County 44 Mich. 417, where it was held 'mczndmrms and not assumpsit was the proper remedy.

The sum in question, which is $1312.71, became delinquent in 1875, when it should have been paid by the treasurer to the proper county officer. A technical question is raised to the effect that the amount actually collected by the defaulter was less…