Carpenter v. Auditor General
Michigan Supreme Court
Appeal from Osceola; Me Alvay, J. Bill by Libias L. Carpenter against Perry F. Powers, auditor general, and others, to set aside sales of land delinquent for taxes: On motion of defendant auditor general to dismiss tbe bill. From an order granting tbe motion, complainant appeals. On August 3, 1903, tbe complainant, tbe owner of tbe original title to tbe lands described, filed her bill of complaint against the auditor general, State treasurer, and ten other parties.
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Appeal from Osceola; Me Alvay, J. Bill by Libias L. Carpenter against Perry F. Powers, auditor general, and others, to set aside sales of land delinquent for taxes: On motion of defendant auditor general to dismiss tbe bill. From an order granting tbe motion, complainant appeals. On August 3, 1903, tbe complainant, tbe owner of tbe original title to tbe lands described, filed her bill of complaint against the auditor general, State treasurer, and ten other parties. The bill covering 18 pages of typewriting was not paragraphed as required by Chancery Rule No. 1. The defendants, the auditor…
1Opinion of the CourtGrant, J.
(after stating the facts). The order striking the bill from the files was a final determination of the right of the complainant to pursue her remedy against the auditor general, and was, therefore, a final order from which an appeal will lie. Webster v. Hitchcock, 11 Mich. 56.
The decision of the court in sustaining the demurrer is not before us. Complainant, not having appealed from that decision, has acquiesced therein. Her amended bill,
except in one point, viz., in eliminating the State treasurer therefrom, does not remedy the other defects for which the demurrer was sustained. We may say…
2Cases cited4 opinions
- Webster v. HitchcockMichigan Supreme Court · 1862
- Berkey v. BurchardMichigan Supreme Court · 1898
- Cook v. Auditor GeneralMichigan Supreme Court · 1900
- Munroe v. WinegarMichigan Supreme Court · 1901
3Cited by2 opinions
- Owens v. Auditor GeneralMichigan Supreme Court · 1907
- Williams v. OlsonMichigan Supreme Court · 1908