Board of Education v. Brown
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District. Hon. H. W. Smith, Judge. Mandamus by the board of education of the' city of Ogden against Moroni F. Brown, as assessor, and Frank B. Hurlbut, as collector of Weber county. From a judgment for defendants, plaintiff appeals.
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Appeal from the District Court of the Fourth Judicial District. Hon. H. W. Smith, Judge. Mandamus by the board of education of the' city of Ogden against Moroni F. Brown, as assessor, and Frank B. Hurlbut, as collector of Weber county. From a judgment for defendants, plaintiff appeals. On all these sections it is claimed by the respondents that section 129 (either of 1892 or 1894) is totally void as to the collection of any tax, as section 9 abolished the offices of city assessor and collector, and that when section 129 refers to “assessor and collector for the city,” and to the “ tax roll of…
1Opinion of the Court
KING, J.:
Application was made by plaintiff for a writ of mandate to compel the defendants, as assessor and 'collector, respectively, of 'Weber county, to levy and collect the school tax assessed by plaintiff to maintain its school system for the year 1895. Plaintiff averred that it prepared in due form a statement and estimate of the amount necessary for the support and maintenance of its schools for said year, — the sum so estimated being $40,000, — and duly certified, by its president and clerk, said statement and estimate to said defendants, as assessor and collector, respectively, of…
2Cases cited20 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- United States v. HodsonSupreme Court of the United States · 1870
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
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3Cited by2 opinions
- Board of Education v. Mayor of KingfisherSupreme Court of Oklahoma · 1897
- Ogden City v. HamerUtah Supreme Court · 1895