Mudge v. McDougal
District Court, E.D. Arkansas
In Equity. Bill for injunction by Henry U. Mudge and Jacob M. Dickinson, receivers of the Chicago, Rock Island & Pacific Railway Company, against J. E. McDougal, Tax Collector of St. Francis County, State of Arkansas. On application for temporary injunction.
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In Equity. Bill for injunction by Henry U. Mudge and Jacob M. Dickinson, receivers of the Chicago, Rock Island & Pacific Railway Company, against J. E. McDougal, Tax Collector of St. Francis County, State of Arkansas. On application for temporary injunction. The plaintiffs seek by this proceeding to enjoin the defendant, as tax collector of St. Francis county, state of Arkansas, from collecting or attempting to collect taxes on the property of the railway company on a basis of more than 50 per cent, of the assessment as shown upon the tax books. The allegations in the bill are that under the…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). This cause came on for hearing on the application of the plaintiffs for a temporary injunction, and was heard on the complaint, certified copies of the action of the board of equalization, and the testimony of Hon. F. E. Brown, one of the members of' the Arkansas tax commission.
[1] Counsel for the defendant objects to the jurisdiction of this court, sitting as a court of equity, to grant any relief, claiming that there is a complete and adequate remedy at law given by section 7180 of Kirby’s Digest.' That section provides:
“In case any person has paid or may…
2Cases cited22 opinions
- Cummings v. National BankSupreme Court of the United States · 1880
- Taylor v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1898
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Lawson v. United States Mining Co.Supreme Court of the United States · 1907
- Darragh v. H. Wetter Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
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3Cited by2 opinions
- North Side Canal Co. v. State Board of Equalization of WyomingCourt of Appeals for the Eighth Circuit · 1926
- Holly Sugar Corp. v. Board of Com'rs of Mesa CountyDistrict Court, D. Colorado · 1926