Auditor General v. Rutter
Auditor General v. Rutter
Opinion of the Court
In 1897 the west one-third of lots 11 and 12, block 144, of the city of Lansing, was assessed for State, county, city, ward, highway, and school purposes. These taxes not having been paid, said description was returned delinquent to the auditor general’s office for said taxes, together with the penalty and interest prescribed by the provisions of the general tax law, amounting to the sum of $31.64. Under date of June 30, 1899, the auditor general rejected the taxes in question and charged the same to the county of Ingham, under section 95 of the general tax law (Act No. 206, Pub. Acts 1893 [1 Oomp. Laws, § 3918]). The "charged back list” covering the land in
The single question presented for our consideration is whether the provisions of section 3919, 1 Comp. Laws, are mandatory, so that the board of supervisors could only reassess the land in question at their next session after the return of the rejected taxes to the county treasurer. There is nothing in this record to indicate that the board of supervisors neglected its duty to cause the tax to be reassessed “upon the same land and collected with the taxes of the then current year” immediately after the county treasurer laid the statement of the rejected taxes before the board. We therefore assume that the neglect of the county treasurer in the discharge of his duty to lay before the board the statement of the rejected taxes forwarded to him by the auditor general “at their next session thereafter” was wholly responsible for the delay. We do not think it was the intention of the legislature to
The decree is reversed, with costs of both courts to defendant.
Reference
- Full Case Name
- AUDITOR GENERAL v. RUTTER
- Status
- Published