Jones v. Holzapfel
Supreme Court of Oklahoma
Error from the District Court of Oklahoma, County; before\ C. F. Irwin, Trial Judge. STATEMENT OF FACTS. This action was begun in the district court of Oklahoma county by the defendants in error, who prayed for an injunction to restrain the collection of assessments for the construction of lateral sewers.
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Error from the District Court of Oklahoma, County; before\ C. F. Irwin, Trial Judge. STATEMENT OF FACTS. This action was begun in the district court of Oklahoma county by the defendants in error, who prayed for an injunction to restrain the collection of assessments for the construction of lateral sewers. They alleged that they were the owners of property abutting upon the sewers which have been constructed under an ordinance passed by the city council of Oklahoma City, which provided that when the actual cost of such construction was determined, the city clerk should notify the owners of…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The questions to be determined in the case are, (a,) whether the city of Oklahoma City had the power to contract for the construction of sewers, or whether its power for the execution of that work was confined to the employment of servants and agents working for wages; (b,) whether the special assessments against abutting lots for the cost of local improvements were or were not “taxes,” under the meaning of the organic act of the territory, which provides that “all property subject to taxation shall be taxed in proportion to its value;” (c,) whether, under…
2Cases cited9 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Riley, County Clerk v. CaricoSupreme Court of Oklahoma · 1910
- Davenport v. DoyleSupreme Court of Oklahoma · 1916
- Wilt v. BueterIndiana Supreme Court · 1916
- City of Lancaster v. PopeCourt of Appeals of Kentucky · 1913
- City of Perry v. JohnsonSupreme Court of Oklahoma · 1925
12 more not listed; retrieve them via the Exa API.