Brandt v. Murphy

Citations

• 68 Miss. 84

Syllabus

<p>1. Taxes Illegally Collected. Repayment of fund. Mandamus.</p> <p>Where taxes illegally levied by the board of supervisors upon property in a town, which is a separate school district, have been paid to the oounty treasurer, and the board has entered an order disclaiming the fund and directing it paid over to the treasurer of the town, mandamus will lie to compel such payment.</p> <p>2. Suit : whew not .Premature. Refusal of officer in advance. ■</p> <p>In such case the treasurer being directed by said order to pay within sixty days, and having signified his determination not to comply, a suit to enforce compliance brought within the sixty days is not premature.</p> <p>3. MaSdamus. For sum certain.</p> <p>The petition for mandamus, showing the assessed value of property within the town, the rate of taxation and the amount improperly withheld, is for a sum certain and is not objectionable on demurrer.</p>