Troutman v. McClesky

STEPHENS, Associate Justice.

This suit was brought by appellants, as taxpayers of Iowa Park, to enjoin the collection of taxes assessed by said town against them.

The validity of this tax levy was denied, on the ground that, in the incorporation of the town, a large area of rural territory had been improperly included within the corporate limits. The petition for injunction alleged the pendency of a quo warranta proceeding to determine the validity of this incorporation, and contained the further allegation of insolvency, both of the town and its officers.

To the judgment dissolving, on final…