Legal Opinion

Mercur Gold Mining & Milling Co. v. Spry

Utah Supreme Court

Decided March 14, 1898No. 898PublishedCited by 28 opinions

Appeal from the Third district court, Tooele county. A. N. Cherry, Judge. Action by the Mercur Gold Mining & Milling Company against William Spry, collector of Tooele county, and Tooele county. Plaintiff had judgment, and defendants appeal.

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Appeal from the Third district court, Tooele county. A. N. Cherry, Judge. Action by the Mercur Gold Mining & Milling Company against William Spry, collector of Tooele county, and Tooele county. Plaintiff had judgment, and defendants appeal. This action was commenced to annul and declare void a tax sale made of respondent’s mining claim for taxes levied and assessed upon the net annual proceeds of its mine for the year 189-6. The findings show: That the as-séssor of Tooele county failed to list or assess the net proceeds of respondent’s mine in the manner provided for assessment of other…

1Opinion of the Court 1

After stating tbe facts,

2Opinion of the Court · MinerMiner, J.

Fader the facts shown and found by the trial court, the questions to be determined in this case are — First, for what period of time and to what extent is the respondent liable for taxes upon the net annual proceeds of its mine for the year 1896 under the constitution and laws of this state in force at that time? And, second, was the special school tax in the Mercur district for the year 1896 a legal, binding tax, for which respondent was liable, and was the remedy selected and asked for under its amended and supplemental complaint, the proper remedy in such case?

The…

3Cases cited12 opinions

  1. County of Galveston v. Galveston Gas Co.Texas Supreme Court · 1889
  2. Davis v. BurnettTexas Supreme Court · 1890
  3. Dickey v. County of PolkSupreme Court of Iowa · 1882
  4. Morris v. MerrellNebraska Supreme Court · 1895
  5. Hubbard v. Board of SupervisorsSupreme Court of Iowa · 1867

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4Cited by28 opinions

  1. Spackman Ex Rel. Spackman v. Board of EducationUtah Supreme Court · 2000
  2. State v. ClarkUtah Supreme Court · 2011
  3. State v. CarterUtah Supreme Court · 1995
  4. United States Smelting, Refining & Mining Co. v. HaynesUtah Supreme Court · 1947
  5. Tintic Standard Mining Co. v. Utah CountyUtah Supreme Court · 1932

23 more not listed; retrieve them via the Exa API.

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