State Ex Rel. Bassichis v. Zangerle

It is contended that the county auditor failed to discharge a duty incumbent upon him, to wit, the deduction of the tax value of the old buildings removed, and that it was by reason of that nonperformance of duty upon the part of the auditor that the relators continued to pay taxes on those old buildings after they had been removed. The situation of which they complain did not result from any mere error in calculation or otherwise, but from a breach of duty-on the part of the auditor, being a failure to do an act required of him by law, which, if an error of the county auditor, is fundamental…