Newton v. Auditor General
Michigan Supreme Court
Mandamus by Isaac P. Newton to compel Perry P. Powers, auditor general, to refund the amount paid on the purchase of certain State tax lands. The circuit court for the county of Muskegon held certain assessments for taxes to be void, and dismissed the auditor general’s petition. The case was appealed to this court, and the decree of the court below reversed.
Read the full summary
Mandamus by Isaac P. Newton to compel Perry P. Powers, auditor general, to refund the amount paid on the purchase of certain State tax lands. The circuit court for the county of Muskegon held certain assessments for taxes to be void, and dismissed the auditor general’s petition. The case was appealed to this court, and the decree of the court below reversed. Auditor General v. Hutchinson, 113 Mich. 245 (71 N. W. 514). The original tax record stated the amount of the several taxes under the appropriate headings, and under heading No. 13, entitled “Aggregate,” was stated the total amount of the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The sale was made pursuant to the decree of this court, which was definite as to dates and amounts. The items and the amount of the taxes were specifically stated and entered in the tax record, which was held valid. All that remained for the officer to do in making the sale was to add interest upon the “Aggregate,” which appeared under the heading “13.” The order of the circuit court is a virtual annulment of the decree of this court. The objection made against the sale is purely technical, and has no merit. The circuit court should have issued the writ of…
2Cases cited2 opinions
- Morgan v. TweddleMichigan Supreme Court · 1899
- First Baptist Church v. RobertsMichigan Supreme Court · 1899
3Cited by1 opinion
- Harding v. Auditor GeneralMichigan Supreme Court · 1905