Aplin v. Van Tassel
Michigan Supreme Court
Mandamus. Relator applied for a mandamus to compel respondent to pay over State taxes. The facts are stated in the opinion. 1. The illegality of the charges for losses to the State on the sale of State tax lands and the interest thereon, under the 1869 law, ■will not be questioned; citing Auditor General v. Supervisors, 62 Mich. 579. 2. In this case, where the State sues the county to recover money claimed to be due from it or its officers, any defense may be interposed that…
Read the full summary
Mandamus. Relator applied for a mandamus to compel respondent to pay over State taxes. The facts are stated in the opinion. 1. The illegality of the charges for losses to the State on the sale of State tax lands and the interest thereon, under the 1869 law, ■will not be questioned; citing Auditor General v. Supervisors, 62 Mich. 579. 2. In this case, where the State sues the county to recover money claimed to be due from it or its officers, any defense may be interposed that could be set up in suits between individuals; citing Ambler v. Auditor General, 38 Mich. 746.
1Opinion of the CourtCampbell, J.
The treasurer of Tuscola county, having received the State taxes for the year 1887, refuses to pay them over, and bases his refusal on the orders of the board of supervisors of that county, who insist that the State owes the county on some old accounts, where the county had been charged beyond its legal obligation to the State.
The answer to the order to .show cause, granted in this case, admits the receipt of the State taxes for 1887 by respondent, as claimed by the State, and admits he refused to pay over. But he attempts to justify the refusal by a resolution of the supervisors, which,…
2Cases cited1 opinion
- People ex rel. Ambler v. Auditor GeneralMichigan Supreme Court · 1878
3Cited by17 opinions
- Thompson v. Auditor GeneralMichigan Supreme Court · 1933
- Leininger v. Secretary of StateMichigan Supreme Court · 1947
- Bofysil v. Department of State HighwaysMichigan Court of Appeals · 1972
- Taylor v. Isabella Circuit JudgeMichigan Supreme Court · 1920
- State Ex Rel. R-1 School District of Putnam County v. EwingMissouri Court of Appeals · 1966
12 more not listed; retrieve them via the Exa API.