Hamer v. Weber County
Utah Supreme Court
Appeal from tbe District Court of the Fourth Judicial District. Hon. James A. Miner, Judge. Mandamus on relation of Daniel Hamer, county collector, to compel Weber county and Joseph P. Ledwidge, county clerk of said county, to credit relator with $15,-853.57. The court found that relator was entitled to a ■credit of only $8,804.63 and made the writ peremptory, from which decree relator appeals.
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Appeal from tbe District Court of the Fourth Judicial District. Hon. James A. Miner, Judge. Mandamus on relation of Daniel Hamer, county collector, to compel Weber county and Joseph P. Ledwidge, county clerk of said county, to credit relator with $15,-853.57. The court found that relator was entitled to a ■credit of only $8,804.63 and made the writ peremptory, from which decree relator appeals. The Indiana, Kansas and Mississippi cases cited by appellant are based upon statutes wholly unlike that of Utah upon tax liens and tax sales, all of which go to a great length in protecting the…
1DissentBaetch, J.
(dissenting)'.
I do not agree w'ith my brethren in reversing this case. It appears from the findings of fact, which were agreed to by all the parties to the suit, that the plaintiff was the-tax collector, and, as such, on the 18th, 19th, and 20th of December, 1893, offered for sale, at public auction, .certain separate parcels of real estate, for non-payment of territorial, county, and school district taxes for the year 1893. That for 905 of these separate parcels of land there-•were no bidders, and he thereupon made out certificates-of sale to the probate judge of said county, for and in…
2Cases cited18 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Harper v. RoweCalifornia Supreme Court · 1878
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Scofield v. City of LansingMichigan Supreme Court · 1868
- Olsen v. BagleyUtah Supreme Court · 1894
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