Common Council v. Whitney

The respondent is recorder of the village of Hudson. The petition is for a mandamus to compel him, as such officer, to advertise and sell certain lands in said village for delinquent taxes for the year 1882. By section 45 of the charter of the village of Hudson it is made the duty of the recorder of the village to advertise and make sale of land of delinquents for such taxes under the direction of the common council.

The petition in this case is based upon two affidavits made by the president and marshal of said village. From these it appears that on the fifth day of April, 1882, the common…