This case is, in all legal respects, the same as Taggart v. The State, ex rel. Jackson Township, ante, p. 42 ; and, on the authority of that case, this must be reversed; but I do not concur in that opinion so far as it holds that *47the township is not the proper relator, but that the auditor of the county must be the relator. The township was the party interested. 2 G. & H. 41, sec. 7.

The judgment is reversed, at the costs of the relator.