Wells, Fargo & Co. v. Dayton
Nevada Supreme Court
Appeal from tbe District Court of tbe Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I.Injunction in a case of this character is a recognized^ remedy, and indeed the only remedy to prevent irreparable injury. To prevent a multiplicity of suits—a sale of the property to sundry purchasers and its conversion upon a tax unlawful in toto—it is alleged that the assessor and collector are unable to respond in damages.
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Appeal from tbe District Court of tbe Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I.Injunction in a case of this character is a recognized^ remedy, and indeed the only remedy to prevent irreparable injury. To prevent a multiplicity of suits—a sale of the property to sundry purchasers and its conversion upon a tax unlawful in toto—it is alleged that the assessor and collector are unable to respond in damages. (15 Wallace, 317, 318; Hilliard on Taxation, 469, § 74; State v. Atkins, 35 Ga. 315; Maslerson v. Hoyt, 55 Barb. 520; Indianapolis v. Gilmore, 30 Ind.…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The complainant filed a bill in equity to enjoin the collection of a tax alleging, that complainant is a non-resident of the State of Nevada; that defendant is county assessor of Lincoln county; that as such assessor he assessed the office furniture and fixtures of complainant at the sum of $700, and “money secured by mortgage” at $40,636.58; that the different parcels of real estate mortgaged were assessed at more than the full value regardless of the mortgages held by complainant; that said mortgages are of record in the recorder’s office of Lincoln county; that…
2Cases cited5 opinions
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- Penrose v. Whitacre Ex Rel. County of LyonNevada Supreme Court · 1942
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