Legal Opinion · Dissent

Wally's Wagon, Inc. v. State Tax Commission

Utah Supreme Court

Decided March 3, 1969No. 11155Published

1DissentEllett, Justice

I dissent.

The main opinion disregards the law as it applies to appeals from and writs of review of decisions of taxing authorities.

Our statute1 provides:

Before making application to the Supreme Court for a writ, the full amount of the taxes, interest and other charges audited and stated in the determination or decision of the tax commission must be deposited with the tax commission and an undertaking filed with the tax commission in such amount and with such surety as the tax commission shall prove [sic] to the effect that if such writ is dismissed or the decision of the tax commission…

2Cases cited5 opinions

  1. Pacific Intermountain Express Co. v. State Tax CommissionUtah Supreme Court · 1957
  2. In re Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1916
  3. Matter of Lehigh Valley Railroad CompanyNew York Court of Appeals · 1917
  4. Lambert v. State Tax CommissionUtah Supreme Court · 1964
  5. Petersen v. MechamUtah Supreme Court · 1964

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