Legal Opinion

Board of Commissioners v. Adler

Indiana Court of Appeals

Decided January 6, 1922No. 10,943PublishedCited by 24 opinions

From Boone Circuit Court; Willett H. Parr, Judge. Action by Phil H. Adler and others against the Board J of Commissioners of Boone County. From a judgment for plaintiffs, the defendant appeals.

1Opinion of the CourtDausman, C. J.

The appellees instituted this action by filing their complaint in the circuit court to recover taxes 'paid to the treasurer of Boone county, which taxes are alleged to have been wrongfully assessed. The first paragraph of complaint is on the theory of debt; and the second paragraph seems to be on the theory of money had and received. The prayer of each paragraph is for a personal judgment for the amount alleged to have been paid, together with interest thereon. Demurrers having been overruled, the cause was tried to the court without a jury. The trial resulted in a general finding and…

2Cases cited55 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. O'ConnorSupreme Court of the United States · 1912
  2. Snyder v. MarksSupreme Court of the United States · 1883
  3. Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
  4. Board of Commissioners v. MarkleIndiana Supreme Court · 1874
  5. Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896

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3Cited by24 opinions

  1. Gruen v. State Tax CommissionWashington Supreme Court · 1949
  2. City of Fort Wayne v. BishopIndiana Supreme Court · 1950
  3. Lutz, Atty.-Gen. v. Arnold, Atty. Tr.Indiana Supreme Court · 1935
  4. State, Ex Rel. Gary Taxpayers' Ass'n v. Lake Superior CourtIndiana Supreme Court · 1947
  5. Decatur County RE Mem. Corp. v. Public Service Co.Indiana Court of Appeals · 1971

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