Legal Opinion

Adams v. Clarke

Mississippi Supreme Court

Decided March 15, 1902PublishedCited by 17 opinions

From the circuit- court of Yazoo county. Hon. Robert Powell, Judge. Adams, state revenue agent, appellant, was the plaintiff in the court below; Clarke, appellee, was defendant there. The case arose from proceedings on notice of the state revenue agent against Clarke for the assessment of property omitted from his assessment list.

Read the full summary

From the circuit- court of Yazoo county. Hon. Robert Powell, Judge. Adams, state revenue agent, appellant, was the plaintiff in the court below; Clarke, appellee, was defendant there. The case arose from proceedings on notice of the state revenue agent against Clarke for the assessment of property omitted from his assessment list. Section 3, ch. 34, laws 1894, contains' the following provisions : “After the expiration of the fiscal year in which taxes become due, should the revenue agent discover that any person, corporation, property, business, occupation, or calling has escaped taxation by…

1Opinion of the Court

Wi-iitfield, O. J.,

delivered the opinion of the court.

On two propositions involved the court is unanimous. As to these we hold: (1) A debt due to the vendor of land is a solvent credit, taxable to the vendor as a solvent credit, where the vendee has paid the taxes on the land for the year for which the debt is sought to be taxed; (2) the solvent credits arising from a mercantile businéss are taxable as such in years subsequent to that in which the debt was contracted, and do not, therefore, continue indefinitely to be covered by the assessment of “amount of money employed in merchandise;” (3)…

2Cases cited6 opinions

  1. State Revenue Agent v. TonellaMississippi Supreme Court · 1893
  2. State ex rel. District Attorney v. SimmonsMississippi Supreme Court · 1892
  3. Adams v. Bank of OxfordMississippi Supreme Court · 1900
  4. Greene v. Merchants' & Planters' BankMississippi Supreme Court · 1895
  5. Morris v. JonesIllinois Supreme Court · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
  2. Adams v. KuykendallMississippi Supreme Court · 1903
  3. Gulf & Ship Island Railroad v. AdamsMississippi Supreme Court · 1904
  4. Williams v. Board of County CommissionersSupreme Court of Kansas · 1911
  5. Commonwealth v. J. M. Robinson, Norton & Co.Court of Appeals of Kentucky · 1912

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API