Corporation of Marshall v. Snediker
Texas Supreme Court
Error from Harrison. Tried below before the Hon. C. A. Frazer. This suit was brought by William Snediker and W. B. Cole, partners in trade under the name and style of Snediker & Cole, on the 24th day of August, 1858, against the corporation of the city of Marshall, to recover the sum of five hundred dollars, alleged and admitted by the defendant to have been paid by them, as a corporation tax imposed upon retailers of spirituous liquors; said tax being five hundred dollars…
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Error from Harrison. Tried below before the Hon. C. A. Frazer. This suit was brought by William Snediker and W. B. Cole, partners in trade under the name and style of Snediker & Cole, on the 24th day of August, 1858, against the corporation of the city of Marshall, to recover the sum of five hundred dollars, alleged and admitted by the defendant to have been paid by them, as a corporation tax imposed upon retailers of spirituous liquors; said tax being five hundred dollars per annum upon each retail establishment of spirituous liquors in quantities less than one quart, and said plaintiffs…
1Opinion of the CourtRoberts, J.
It is contended that the payment of the license tax imposed by the city, was voluntarily made by the defendants, and that for that reason they cannot recover back the ’money so paid. It was collected off of the defendants under color of lawful authority, in pursuance to an ordinance of the city council; which enjoined its payment under a penalty of twenty-five dollars a day for every day its violation was continued by retailing spirituous liquors. The act of incorporation gave to the city assessor the same remedies for the collection of taxes imposed by the city as the assessor of each county…
2Cases cited1 opinion
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
3Cited by12 opinions
- Crow v. City of Corpus ChristiTexas Supreme Court · 1948
- State v. Akin Products CompanyTexas Supreme Court · 1956
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
- Allsman v. Oklahoma CitySupreme Court of Oklahoma · 1908
- Donaldson v. Eaton & EstesSupreme Court of Iowa · 1907
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