Greene v. Mumford, Collector. Simmons Another v. Same
Supreme Court of Rhode Island
Bills in equity, filed by the complainants, against the defendant, as collector of taxes of the city of Providence, to restrain him from collecting out of the estates of the complainants certain taxes assessed against them, upon the ground that they were illegal and void.
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Bills in equity, filed by the complainants, against the defendant, as collector of taxes of the city of Providence, to restrain him from collecting out of the estates of the complainants certain taxes assessed against them, upon the ground that they were illegal and void. The bill of the complainant, Greene, alleged, in substance, that the tax assessed against him, which was a tax upon his personal property amounting to $767.38, was illegal, because he was a resident in the town of Warwick, and not in the city of Providence, at the time of its assessment; and alleged, that the defendant, as…
1Opinion of the CourtAmes, C. J.
These are applications to us, as a court of equity, to enjoin the collector of taxes of Providence from collecting of the complainant, in one case, a tax upon Ms personal property, and of the complainants in the other, a side-walk tax, solely, upon the. ground, that the taxes have been illegally assessed, and are therefore void. They pretend no special equities as grounds for relief, but proceed upon the general notion, that wherever a public officer is about to act to the injury of another, or at least, to sell his real estate, under a void authority, a court of equity will enjoin the act,…
2Cited by2 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Brex v. SmithNew Jersey Court of Chancery · 1929