Legal Opinion

Lusk v. Eminhiser, County Treasurer

Supreme Court of Oklahoma

Decided June 6, 1916No. 8138PublishedCited by 12 opinions

Error from District Court, Tillman County; F. B. Swank, Assigned Judge. Action by James W. Lusk and others, receivers of the - St. Louis & San Francisco Railroad Company and another, ag'ainst E. B. Eminhiser, County Treasurer of Tillman County. Judgment for defendant, and plaintiffs bring error.

1Opinion of the CourtKane, C. J.

This was an action commenced by the plaintiffs in error, plaintiffs below, against the defendant in error, defendant below, pursuant to section 7, art. 1, c. 107, Session Laws 1915, to recover the amount of taxes paid under protest upon an alleged illegal and excessive levy of four mills, made by the county excise board of Tillman county for' Hunter township, for the fiscal year ending June 30, 1916. A general demurrer was sustained to the petition of the plaintiffs by the trial court, and it is to review this action that this proceeding in error was commenced.

It is conceded that a levy of…

2Cases cited4 opinions

  1. In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
  2. Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
  3. Mobile Transportation Co. v. City of MobileSupreme Court of Alabama · 1900
  4. Jefferson v. Toomer, Clerk of Superior CourtSupreme Court of Oklahoma · 1911

3Cited by12 opinions

  1. Oklahoma News Co. v. RyanSupreme Court of Oklahoma · 1924
  2. C. D. Coggeshall & Co. v. SmileySupreme Court of Oklahoma · 1929
  3. St. Louis-San Francisco Ry. Co. v. McIntoshSupreme Court of Oklahoma · 1924
  4. Simmons v. StuckeySupreme Court of Oklahoma · 1925
  5. Lusk v. Starkey, County TreasurerSupreme Court of Oklahoma · 1916

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