Tilford v. Douglass

—This was a proceeding by mandate, by the appellee, as township trustee, against the appellant, as auditor of the county. A demurrer to the affidavit or complaint was. overruled, the defendant excepted, and failing to make any further defence, judgment was rendered against him. The error assigned is the overruling of the-demurrer; and the question, and only question, involved in the case is whether or not a tax for township purposes can be legally collected upon property within an incorporated town situated in the township where the tax has been levied.

*581It is contended by counsel for the…