Ogden City v. Hamer
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District. Hon. H. W. Smith, Judge. Petition for mandamus by Ogden City against Daniel Hamer, Tax Collector of Weber County, to compel the payment of certain moneys alleged to have been collected as taxes of said city. From the judgment entered, both parties appeal. The charter of Ogden City conferred upon the city council the power to pass the ordinance for assessing and collecting city taxes. § 701, 1 Comp.
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Appeal from the District Court of the Fourth Judicial District. Hon. H. W. Smith, Judge. Petition for mandamus by Ogden City against Daniel Hamer, Tax Collector of Weber County, to compel the payment of certain moneys alleged to have been collected as taxes of said city. From the judgment entered, both parties appeal. The charter of Ogden City conferred upon the city council the power to pass the ordinance for assessing and collecting city taxes. § 701, 1 Comp. Laws of Utah 1888, p. 418; § 705-6, 1 Comp. Laws of Utah 1888, p. 419; sub. 3, § 1755, Comp. Laws of Utah 1888, p. 621. “If lands are…
1Opinion of the Court
KiNG, J.:
This action was brought by plaintiff, Ogden city, against defendant, to obtain a peremptory writ of mandate commanding him to pay to plaintiff $18,786.57, alleged to have been collected as taxes of Ogden city for the years 1893 and 1894, and wrongfully withheld by defendant, together with interest thereon. Defendant answered, denying that he wrongfully withheld said sum, or any sum whatever. He also filed a cross complaint, making Willis T. Beardsley, auditor of public accounts for plaintiff, a party to the action, and codefendant with Ogden city. The pleadings and agreed statement…
2Cases cited19 opinions
- Coats v. HillSupreme Court of Arkansas · 1883
- Justice v. City of LogansportIndiana Supreme Court · 1885
- Culbertson v. MunsonIndiana Supreme Court · 1886
- Bradley v. ColeSupreme Court of Iowa · 1885
- Dillinger v. KelleySupreme Court of Missouri · 1884
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3Cited by1 opinion
- Eastman v. GurreyUtah Supreme Court · 1897