Hardesty Bros. v. Fleming
Texas Supreme Court
Appeal from Wheeler. Tried below before the Hon. Frank Willis. This suit was brought by appellants to recover from appellee, who is the collector of taxes for Wheeler county, the amount named in the petition, claimed to have been paid as taxes under protest, and after a seizure of their property.
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Appeal from Wheeler. Tried below before the Hon. Frank Willis. This suit was brought by appellants to recover from appellee, who is the collector of taxes for Wheeler county, the amount named in the petition, claimed to have been paid as taxes under protest, and after a seizure of their property. They also claimed that the assessment was illegal; that they owned no property in the state of Texas, January 1, 1880, and therefore owed no tax; that they were citizens of Kansas, and kept their cattle in the Indian Territory, and if any of their cattle were in Hansford county January 1, 1880, that…
1Opinion of the Court
Watts, J. Com. App.
As was said by Chief Justice Moore in the case of R. G. R. R. Co. v. Scanlan, 44 Tex., 650, ‘Where is no assignment of errors in the record, and only such objections can be considered as go to the foundation of the action, and from which it plainly appears that the judgment is obviously erroneous. We will merely, therefore, briefly consider the objections made to the judgment, which counsel for appellant insists are of this character.”
Appellants’ first proposition is as follows, to wit: “ If the taxes were illegally assessed, and plaintiffs paid after seizure of their…
2Cited by17 opinions
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- Greyhound Lines, Inc. v. Board of EqualizationTexas Supreme Court · 1967
- City of Dallas v. OvertonCourt of Appeals of Texas · 1962
- Guaranty Life Insurance v. City of AustinTexas Supreme Court · 1916
- Hall v. MillerTexas Supreme Court · 1909
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