Kansas City, Shreveport & Gulf Railway Co. v. Davis

The opinion of the court was delivered by

Watkins, J.

This is an injunction suit which seeks to restrain and prohibit the defendant from seizing and selling certain described property of the plaintiff on the ground thatt he tax sought to be collected is illegal and void and not enforceable.

The judgment of the District Court sustained the defendant’s exception of no cause of action, and decreed the defendant “ ten per cent, on the amount enjoined by the suit as attorney’s fees,” and from that judgment the plaintiff has appealed.

The plaintiff avers that it is the owner of a certain railroad track…