Davis v. Burney
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit brought by John P. Davis against B. A. Burney, in his official capacity as collector of taxes for Galveston county, to recover the sum of $601.94, claimed to be the amount of illegal county taxes paid to appellee by appellant under protest.
Read the full summary
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit brought by John P. Davis against B. A. Burney, in his official capacity as collector of taxes for Galveston county, to recover the sum of $601.94, claimed to be the amount of illegal county taxes paid to appellee by appellant under protest. On April 1, 1878, the commissioners’ court of Galveston county passed an order providing for the registration of all scrip issued prior to the 18th day of April, 1876; that the same, when registered, should bear legal interest (eight per cent.) from that date, and that such scrip…
1Opinion of the Court
Watts, J. Com. App.
At the time the commissioners’ court passed the order providing for the registration of county scrip issued prior to April 18, 1876, the constitution provided that such scrip might be used in the payment of any taxes levied to meet such indebtedness. Sec. 6, art. X, Const, of 1876. And the statute also provided that all ad valorem county taxes might be paid in the jury and county scrip of the county. General Laws 1876, p. 246, sec. 6.
Heither the constitution nor statute compelled the payment of such taxes to be made in scrip. Primarily all indebtedness and burdens by way of…
2Cases cited2 opinions
- Pye v. PetersonTexas Supreme Court · 1876
- Dean v. LufkinTexas Supreme Court · 1881
3Cited by17 opinions
- City of Paris v. SturgeonCourt of Appeals of Texas · 1908
- Gussett v. Nueces CountyTexas Commission of Appeals · 1921
- Adams v. McGillCourt of Appeals of Texas · 1940
- Lasater v. LopezCourt of Appeals of Texas · 1918
- L. Waterbury & Co. v. City of LaredoTexas Supreme Court · 1883
12 more not listed; retrieve them via the Exa API.