Lewis v. State ex rel. Mullikan
Lewis v. State ex rel. Mullikan
Opinion of the Court
There is no dispute in this case over the facts. It is clear that the relator’s property stands on the books of the county auditor at a valuation $2,000 greater than it should stand. The contention relates first to the power of the. county auditor to correct his duplicate, for the current year and second as to his duty to call the matter to the attention of the county commissioners,
‘ ‘ The auditor shall, from time to time, correct all errors which he discovers in the tax list and duplicate, either in the name of the person charged with taxes or assessments, the description of the lands or other property, or when property exempt from taxation has been charged with tax, or in the amount of such taxes or assessments,” * * * 1 ‘ and if at any time the auditor discovers that any erroneous taxes or assessments have been charged and collected in previous years, he shall call the attention of the county commissioners thereto, at any regular or special session of the board, and if the commissioners find that' taxes or assessments have been so erroneously charged and collected, they shall order the auditor to draw his warrant on the county treasurer, in favor of the person or persons paying the same, for the full amount of taxes or assessments so erroneously charged and collected, and the county treasurer shall pay the same out of any surplus or unexpended funds in the county treasury; * * *”
A brief history of the transaction discloses that the relator obtained her title to the real estate in question in September, 1889, and soon thereafter began the erection of a dwelling house thereon which was completed about the first day of June following, (1890). In March, 1890, that being the year of the decennial appraisement of real estate
Later on the annual appraiser for 1890-entered upon his duties. It is part of this latter officer’s duties under section 2753, Revised Statutes, to “return a list of all new buildings, ” etc. * * * ‘ ‘the value of which shall not have been previously added to” * * * “the valuation of the land on which such structures have been erected.” * * * And in discharging his duty in this regard he returned the building in course of erection on the relator’s lot as an unfinished structure, fixing- its tax value at $1,500, and this sum was added to the previous value of the land ($800), making a total of $2,300, upon which she paid taxes for that year. The decennial appraiser, although he entered on the discharge of his duties earlier, did not finish them and make his return until December, 1890, and then returned thevalueof the building at $2,800, or $1,300 more than the annual assessor had valued it. The next year (1891), the annual assessor made the following return as to this property: Total valuation of structuré, $3,500; partial value reported last year, $1,500; amount to be added * * '* for new structure, $2,000.
The form of this return discloses that the annual appraiser for 1891 in appraising the relator’s property entirely ignored the appraisement made the preceding year by the decennial appraiser, whereas he should have taken it as the basis for his appraisement and return. For it is quite clear that the decennial appraisement of 1890 fixed the value of the property, which could not be increased by the annual appraiser for the year following unless a new building or structure had in the meantime
Council for the auditor, however, without denying either the fact that the relator’s property was thus over-valued, or the manner in which it was •done, contend that it was not the duty of the auditor, under section 1038, Revised Statutes, to
Judgment. affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.