Legal Opinion

Jackson Lumber Co. v. McCrimmon

United States Circuit Court for the Northern District of Florida

Decided October 26, 1908PublishedCited by 10 opinions

In Equity. On motion for preliminary injunction. The plaintiff, a citizen and a corporation under the laws of the state of Alabama, brings its bill to this court to enjoin the sale of its real estate situated in Walton county, in the Northern district of Florida.

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In Equity. On motion for preliminary injunction. The plaintiff, a citizen and a corporation under the laws of the state of Alabama, brings its bill to this court to enjoin the sale of its real estate situated in Walton county, in the Northern district of Florida. The tax sale which the bill seeks to enjoin is for the accrued taxes of the years 1905-06-07, and the amount involved is $4,080. A rule to show' cause with a temporary restraining order was granted, and the cause is now before the court on answer to the rule to show such cause and the motion to dissolve the injunction pendente lite.…

1Opinion of the CourtSheppard, District Judge

(after stating the facts as above). It will be observed from this statement of the case that the plaintiff seeks his remedy here on the theory that the tax statute of Florida (chapter <6596, p.' 1, Laws Fla. 1907) is defective in respect to the essential requirements of notice and opportunity to the taxpayer, and that the provisions of the statute there lore fail to meet the requirements of due process of law, as ordained by the fourteenth amendment. All. that due process implies when applied to tax proceedings may not be readily defined, but enough has been said on the subject by judges and…

2Cases cited19 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  3. Londoner v. City and County of DenverSupreme Court of the United States · 1908
  4. Chicago, Burlington & Quincy Railway Co. v. BabcockSupreme Court of the United States · 1907
  5. Central of Georgia Railway Co. v. WrightSupreme Court of the United States · 1907

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3Cited by10 opinions

  1. Aldine Independent School District v. StandleyTexas Supreme Court · 1955
  2. Melamine Chemicals, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
  3. Blewett v. Richardson Independent School Dist.Texas Commission of Appeals · 1922
  4. State Ex Rel. Asotsky v. ReganSupreme Court of Missouri · 1927
  5. Napier v. City of SpringfieldMassachusetts Supreme Judicial Court · 1939

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