Sayers v. Auditor General
Michigan Supreme Court
Mandamus by Sidney Sayers to compel Roscoe D. Dix, auditor general, to cancel a tax deed. Relator, wbo has become the owner of the land in dispute by a mortgage-foreclosure sale, filed the petition in this case November 1, 1899, to compel the auditor general to annul and cancel a tax deed on the same land, issued to William O’Connor by the auditor general in 1896 for the taxes of 1894. In the order to show cause it was ordered that a certified copy of the petition,…
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Mandamus by Sidney Sayers to compel Roscoe D. Dix, auditor general, to cancel a tax deed. Relator, wbo has become the owner of the land in dispute by a mortgage-foreclosure sale, filed the petition in this case November 1, 1899, to compel the auditor general to annul and cancel a tax deed on the same land, issued to William O’Connor by the auditor general in 1896 for the taxes of 1894. In the order to show cause it was ordered that a certified copy of the petition, affidavits, and order be served upon William O’Connor, who is the real party in interest, and on whose behalf the brief is filed.…
1Opinion of the CourtGrant, J.
(after stating the facts). The object of the two suits is the same, namely, the cancellation of the deed. It is the general rule that a party cannot split his cause of action, and bring suits in detail. This case is a splitting of reasons, rather than of a cause of action. The parties are the same; the cause of action, viz., an invalid deed, is the same; the object sought for, viz., the cancellation of the deed, is the same. It cannot be denied that relator might have included in his chancery suit the same reason that he now urges in this proceeding. There should bp an end of litigation, and…
2Cases cited16 opinions
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
- People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
- People ex rel. Township of La Grange v. State TreasurerMichigan Supreme Court · 1872
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Hardcastle v. Maryland & Delaware RailroadCourt of Appeals of Maryland · 1870
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hoseason v. KeegenMassachusetts Supreme Judicial Court · 1901
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1906
- The New BrunswickDistrict Court, D. Massachusetts · 1903
- Auditor General v. McCallMichigan Supreme Court · 1909
- Hanchett v. Auditor GeneralMichigan Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.