State ex rel. Spalding v. Smith

Gould, Associate Justice.

This is a proceeding by quo warranto under the act of 1879. R. S. Appendix, p. 47. The relator Spalding alleges that he, as town constable for the town of Waxahachie, had the right to assess and collect the railroad subsidy taxes of that town, amounting to 87,000, annually, and that the defendant James E. Smith had wrongfully usurped, intruded into, and taken possession of said office of assessor and collector of the railroad subsidy tax of the town of Waxahachie. By the answer of Smith, it appears that he, as assessor of the state and county taxes for Ellis county,…