Stott v. Salt Lake City
Utah Supreme Court
Appeal -from District Court, Third District; Hon. C. W. Morse,, Judge. Action by Alexander Stott and others against Salt Lake City to set aside a special tax levy and to enjoin its collection. Judgment for plaintiffs. Defendant appeals. APPELLANT’S POINTS. A defect in proceedings to defeat the lien of a tax must be a jurisdictional defect in the absolute sense, that is one that cannot be dispensed with by the Legislature. (Great N. Ii’y.
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Appeal -from District Court, Third District; Hon. C. W. Morse,, Judge. Action by Alexander Stott and others against Salt Lake City to set aside a special tax levy and to enjoin its collection. Judgment for plaintiffs. Defendant appeals. APPELLANT’S POINTS. A defect in proceedings to defeat the lien of a tax must be a jurisdictional defect in the absolute sense, that is one that cannot be dispensed with by the Legislature. (Great N. Ii’y. V. Leavenworth, 142 Pae. 1155 [Wash.]; Chandler v. Puyal-lup, 127 Pac. 293 [Wash.] ) When jurisdiction has been obtained to make an improvement, subsequent…
1Opinion of the CourtFrick, J.
This is an action in equity. It Avas commenced on May 14, 1913, by the ■ respondent, Alexander Stott, and thirty-one others, hereinafter called respondents, against Salt Lake City, hereinafter styled appellant, to set aside the levy of a special tax and to perpetually enjoin its collection by appellant. The tax in question Avas assessed against the property of respondents to pay the cost of laying a concrete sideAvalk in front of their respective premises and in front of the premises of a large number of others AA'ho are not parties to this action. In vieAv that the findings substantially…
2Cases cited42 opinions
- Palmer v. StumphIndiana Supreme Court · 1868
- Anderson v. City of OcalaSupreme Court of Florida · 1914
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Hellenkamp v. City of LafayetteIndiana Supreme Court · 1868
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
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3Cited by7 opinions
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- Ross v. Trustees of UniversityWyoming Supreme Court · 1924
- Campbell v. City of PlymouthMichigan Supreme Court · 1940
- Henretty v. Manti City Corp.Utah Supreme Court · 1990
- Salt Lake & Utah R. v. Payson CityUtah Supreme Court · 1926
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