Legal Opinion

Stephens v. Texas & Pacific Railway Co.

Texas Supreme Court

Decided November 7, 1906No. 1593PublishedCited by 41 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. , The Texas & Pacific Railway Company sued Stephens and others to enjoin the collection of a tax, and appealed from a judgment for defendants. The Court of Civil Appeals reversed, and rendered judgment for appellant, and appellees obtained writ of error. The questions involving the validity of the tax law here assailed were passed on in State v. Galveston, H. & S. A. Ry.

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Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. , The Texas & Pacific Railway Company sued Stephens and others to enjoin the collection of a tax, and appealed from a judgment for defendants. The Court of Civil Appeals reversed, and rendered judgment for appellant, and appellees obtained writ of error. The questions involving the validity of the tax law here assailed were passed on in State v. Galveston, H. & S. A. Ry. Co., ante, p. 153, and State v. Texas & P. Ry. Co., post, p. 279, and the authorities relied on in the briefs on these points will…

1Opinion of the Court

BROWN, Associate Justice.

The Texas & Pacific Railway Company instituted this suit in the District Court of Travis County against John W. Stephens, Comptroller, Robert Vance Davidson, Attorney-General, and John W. Robbins, Treasurer, of the State of Texas. The object of the suit was to procure the issuance of a writ of injunction against the defendants, restraining them from performing their several duties under an Act of the Twenty-ninth Legislature, which is attached as an exhibit to the petition. It is sufficient for the decision of this case to state that the law in question levied upon…

2Cases cited2 opinions

  1. Shelton v. PlattSupreme Court of the United States · 1891
  2. Arkansas Building and Loan Assn. v. MaddenSupreme Court of the United States · 1899

3Cited by41 opinions

  1. Anderson, Clayton & Co. v. State ex rel AllredTexas Supreme Court · 1933
  2. Hill v. BrownTexas Commission of Appeals · 1922
  3. Missouri, Kansas & Texas Railway Co. v. ShannonTexas Supreme Court · 1907
  4. Imperial Sugar Co. v. CabellCourt of Appeals of Texas · 1915
  5. Terrell v. MiddletonTexas Supreme Court · 1916

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