Moss v. Cummings

This in its purpose is a praiseworthy suit, f or it is brought to compel obedience by public officers to their duty under the law. The plaintiffs in the year 1878 were owners as partners of taxable property in the township of Lexington in the county of Sanilac, and the supervisor for the year listed it for taxation, and it was taxed. The defendant was township treasurer, and plaintiffs have paid the tax to him under the compulsion of his process, and now seek to-recover it back as an illegal exaction. The ground of illegality is, that the supervisor, instead of assessing the property of the…