City of Tampa v. Mugge
Supreme Court of Florida
Writ of Error to the Circuit Court for Hillsborough county. Statement. Robert Mugge and over forty others filed a petition under the statute in May, 1897, alleging that they were the owners of real estate in the city of Tampa subject to taxation, and that the' city had assessed and levied upon their real estate for the year 1896 municipal taxes, payment of which had been refused because of the illegality of the assessment.
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Writ of Error to the Circuit Court for Hillsborough county. Statement. Robert Mugge and over forty others filed a petition under the statute in May, 1897, alleging that they were the owners of real estate in the city of Tampa subject to taxation, and that the' city had assessed and levied upon their real estate for the year 1896 municipal taxes, payment of which had been refused because of the illegality of the assessment. The grounds of illegality in the assessment alleged are: 1st. That there was no law in force in said city securing a uniform and equal rate of taxation and a just valuation…
1Opinion of the Court
Mabry, J.:
We held in the case of City of Tampa v. Kaunitz, decided at the last term (39 Fla. 683, 23 South. Rep. 416), that when a demurrer to a petition, filed under *335section 1542 Revised Statutes, was overruled, the court should require proof of the allegations thereof as to questions of fact relied upon before entering final judgment declaring the assessment not lawfully made. The contention is made in the present case that under the statute the proof must be filed contemporaneous with the petition, and when that filed is not sufficient the petition should be dismissed on a preliminary…
2Cases cited5 opinions
- City of Tampa v. KaunitzSupreme Court of Florida · 1897
- Shear v. County CommissionersSupreme Court of Florida · 1872
- Town of Kissimmee City v. CannonSupreme Court of Florida · 1890
- City of Pensacola v. Louisville & Nashville RailroadSupreme Court of Florida · 1885
- Pratt v. City of JacksonvilleSupreme Court of Florida · 1895
3Cited by11 opinions
- Collins Investment Co. v. Metropolitan Dade CountySupreme Court of Florida · 1964
- Peters v. HansenDistrict Court of Appeal of Florida · 1963
- City of Olando v. Equitable Building & Loan Ass'nSupreme Court of Florida · 1903
- Pickett v. RussellSupreme Court of Florida · 1900
- Heebner v. Town of Orange CitySupreme Court of Florida · 1902
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