Durham v. Board of Commissioners
Indiana Supreme Court
From the Montgomery Circuit Court.
1Opinion of the CourtElliott, J.
This is an action to recover taxes alleged to have been assessed against the appellant by an unauthorized special assessment.
It has long been the rule in this State that there can be no recovery for taxes voluntarily paid, even though paid under protest, unless there is a statute authorizing such a recovery. Jenks v. Lima Tp., 17 Ind. 326; Martin v. Stanfield, 17 Ind. 336; Lima Tp. v. Jenks, 20 Ind. 301; City of Indianapolis v. Langsdale, 29 Ind. 486; Board, etc., v. Ruckman, 57 Ind. 96. If the appellant is entitled to maintain this action, it must be on the ground that there is a statute…
2Cases cited7 opinions
- Board of Commissioners v. ArmStrongIndiana Supreme Court · 1883
- City of Indianapolis v. McAvoyIndiana Supreme Court · 1882
- Board of Comm'rs v. RuckmanIndiana Supreme Court · 1877
- Lima Township v. JenksIndiana Supreme Court · 1863
- Jenks v. Lima TownshipIndiana Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- State ex rel. MacKenzie v. CasteelIndiana Supreme Court · 1887
- Fesler v. BossonIndiana Supreme Court · 1920
- Board of Commissioners v. MillikanIndiana Supreme Court · 1934
- City of Indianapolis v. VajenIndiana Supreme Court · 1887
17 more not listed; retrieve them via the Exa API.