Houghton Co. v. Auditor General
This text of 1 McGrath 1019 (Houghton Co. v. Auditor General) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
To compel a credit with taxes assessed on lands returned as delinquent, the county treasurer having failed to make return in due season.
Denied April 17, 1877.
Mandamus lies only to enforce strict legal rights and will not be granted to enforce the doing of an act which, by law, lies in the discretion of the officer refusing to do it. The statute requires all returns to be made before the last day of March, and .another statute makes it the duty of the auditor general to make out the list for'publication on the first day of July following. The return was not received in the present case until July 25. See Houghton Co. vs. Auditor-General, 41 M., 28 (1041).
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Cite This Page — Counsel Stack
1 McGrath 1019, 36 McGrath 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houghton-co-v-auditor-general-mich-1877.