City of Lubbock v. Magnolia Petroleum Co.

This appeal is from’an order of the district judge of Lubbock county granting a permanent injunction against appellant’s collection of an occupation tax of one-half of 1 per cent, per gallon on gasoline.

Magnolia Petroleum Company and two other oil companies, as plaintiffs, applied for an injunction against the city, alleging that the city of Lubbock was a municipal corporation, chartered under the provisions of section 5, article 11, of the state Constitution, and the enabling act passed pursuant thereto' by the Legislature; that said city had attempted, by an ordinance, to levy against all…