Perry v. City of Rockdale
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. W. E. Collard. The appellants J. S. Perry and others, property holders in the city of Rockdale, filed their petition in the district court of Milam county against the appellees, the city of Rockdale and John Scott, its assessor and collector of taxes, to enjoin the collection by the city of a tax of one-half of one per cent., ad valorem, for public school purposes, one-fourth of one per cent, tax, ad valorem, for general revenue…
Read the full summary
Appeal from Milam. Tried below before the Hon. W. E. Collard. The appellants J. S. Perry and others, property holders in the city of Rockdale, filed their petition in the district court of Milam county against the appellees, the city of Rockdale and John Scott, its assessor and collector of taxes, to enjoin the collection by the city of a tax of one-half of one per cent., ad valorem, for public school purposes, one-fourth of one per cent, tax, ad valorem, for general revenue purposes, and $1 per capita poll tax, for the year 1883. They alleged that John Scott had levied upon certain real…
1Opinion of the Court
Stayton, Associate Justice.
The question of the power of municipal corporations to collect a tax for the purpose of supporting public free schools, when they have assumed control of such schools in accordance with the provisions of the statute regulating that matter, was fully considered in the cases of the City of Fort Worth v. Davis, 57 Tex., 225; and Dwyer v. Hackworth, 57 Tex., 245. And it was there held that such power existed when the provisions of the statute were complied with, and we regard these cases as decisive of the question.
In this case the admitted facts show that the city of…
2Cases cited5 opinions
- Blessing v. City of GalvestonTexas Supreme Court · 1874
- City of Fort Worth v. DavisTexas Supreme Court · 1882
- Burgess v. PueCourt of Appeals of Maryland · 1844
- Dwyer v. HackworthTexas Supreme Court · 1882
- Corporation of Marshall v. SnedikerTexas Supreme Court · 1860
3Cited by3 opinions
- Werner v. City of GalvestonTexas Supreme Court · 1888
- Powell v. City of BairdCourt of Appeals of Texas · 1939
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1949