Gwilliam v. Ogden City
Utah Supreme Court
Appeal from District Court, Second District; Hon. N. J. Harris, judge. Suit to enjoin tbe collection of a special improvement tax by Henry W. Gwilliam and others against Ogden City. Judgment holding special assessment legal and denying prayer for injunction. Plaintiffs appeal. APPELLANTS’ POINTS.
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Appeal from District Court, Second District; Hon. N. J. Harris, judge. Suit to enjoin tbe collection of a special improvement tax by Henry W. Gwilliam and others against Ogden City. Judgment holding special assessment legal and denying prayer for injunction. Plaintiffs appeal. APPELLANTS’ POINTS. “While the judicial decisions differ somewhat concerning certain details in the description of the proposed improvement, resulting from construction of laws more or less variant, they are reasonably uniform in sustaining the sound and salutary position that the improvement should be described in such…
1Opinion of the CourtFeick, C. J.
Henry W. Gwilliam, Samuel T. Whitaker, Cora Perrins, Nannie M. Lowe, Eliza W. Cohn, Mary De Julien, Mattie L. Smith, Thomas G. Phillips, Martha T. Oborn, and Aaron Jackson commenced this action in equity in the District Court of Weber County to enjoin the defendant, Ogden City, from collecting a special tax which was assessed upon their property to defray the cost of a special improvement, which tax, plaintiffs alleged, is illegal and void. It is not necessary to refer to the pleadings. The District Court held the special assessment legal and denied the prayer for an injunction. Plaintiffs…
2Cases cited10 opinions
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- Dyer v. ScalmaniniCalifornia Supreme Court · 1886
- Beaudry v. ValdezCalifornia Supreme Court · 1867
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3Cited by6 opinions
- Weinberger v. Board of Public InstructionSupreme Court of Florida · 1927
- Lewis v. Kanab CityUtah Supreme Court · 1974
- Acord v. Salt Lake CityUtah Supreme Court · 1929
- Jensen v. Utah Ry. Co.Utah Supreme Court · 1927
- Standard Optical Co. v. Salt Lake City Corp.Utah Supreme Court · 1975
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