Legal Opinion

Bramwell v. Guheen

Idaho Supreme Court

Decided February 24, 1892PublishedCited by 6 opinions

APPEAL from District Court, Bingham, County. If tlie collection of a tax would lead to a multiplicity of suits or produce irreparable injury, or if the property be real estate, and the tax throws a cloud upon the title of the complainant, a court of equity will interfere by injunction, and prevent the collector from enforcing the collection of the tax.

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APPEAL from District Court, Bingham, County. If tlie collection of a tax would lead to a multiplicity of suits or produce irreparable injury, or if the property be real estate, and the tax throws a cloud upon the title of the complainant, a court of equity will interfere by injunction, and prevent the collector from enforcing the collection of the tax. (Dows v. City of Chicago, 11 Wall. 110; Society v. Austin, 46 Cal. 488; High on Injunctions, sec. 500.) No brief filed by respondent.

1Opinion of the CourtHuston, J.

This action was brought by the plaintiff to enjoin the defendant, who is the assessor and tax collector of Bingham county, from collecting a school tax assessed on certain real estate of plaintiff by the board of trustees of school district No. 15 of said county.

The ownership and description of the real estate is set forth in the complaint, as are, also, the facts constituting the claimed illegality of the levy and assessment, and the complaint further alleges that such tax constitutes a cloud upon the title to said real estate of plaintiff, etc. A general demurrer was filed to the complaint,…

2Cited by6 opinions

  1. Mercur Gold Mining & Milling Co. v. SpryUtah Supreme Court · 1898
  2. Northern Pacific Railway Co. v. Shoshone CountyIdaho Supreme Court · 1941
  3. Lee v. HanfordIdaho Supreme Court · 1912
  4. Smith v. Canyon County, Consolidated School District, Number 34Idaho Supreme Court · 1924
  5. Petrie v. Common School District No. 5Idaho Supreme Court · 1927

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