Chesnut v. Elliott
Chesnut v. Elliott
Opinion of the Court
delivered the opinion of the court.
The single question in this case is : Did the failure of the assessor to append to the assessment roll the affidavit prescribed by “ An Act in relation to Public Revenue,” approved March 5,1878, so vitiate the assessment as to render nugatory all subsequent proceedings with reference to it, and annul all sales for taxes made under it? We answer it in the negative. This affidavit is required to be made, after the completion of the assessment rolls, as an additional guaranty to his oath of office, to secure the performance of duty by the assessor in the particular matters to which the affidavit
Deoree affirmed.
Reference
- Full Case Name
- James Chesnut v. Eliza Elliott
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1: Tax Sale. Failure of assessor to append affidavit under Act of 1878. The failure of the tax assessor to append to the assessment roll the affidavit prescribed by $ 31, Chapter III, Acts 1878, does not so vitiate the assessment as to render nugatory all subsequent proceedings with reference to it and annul all sales for taxes made under it. 2. Same. Legislative intent. It is manifest that the purpose of the legislature was to make all such requirements as this directory and not mandatory in the sense that failure to observe them will annul subsequent proceedings.