Legal Opinion

Armstrong v. Ogden City

Utah Supreme Court

Decided December 21, 1895No. 598PublishedCited by 27 opinions

Appeal from the District Court of the Fourth Judicial 'District. Hon. William H. King, Judge. Action by J. C. Armstrong and others against Ogden City and othórs to enjoin the levying of a special assessment for street improvements, and for other relief. From a judgment for plaintiffs, defendants appeal.

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Appeal from the District Court of the Fourth Judicial 'District. Hon. William H. King, Judge. Action by J. C. Armstrong and others against Ogden City and othórs to enjoin the levying of a special assessment for street improvements, and for other relief. From a judgment for plaintiffs, defendants appeal. The allegations of the complaint do not bring this case within any of the recognized exceptions to the rule that equity will not grant relief in this class of cases by way of injunction to restrain the collection of a tax. These exceptions are: First — To prevent a multiplicity of suits.…

1Opinion of the CourtRolapp, J.

Tbis action was originally brought to enjoin tbe levying-of a special assessment to pay tbe expenses of paving a portion 'of Twenty-Fifth street, in Ogden City, under tbe name of .“Paving District No. 2.” A demurrer to tbe complaint was filed in tbe court below, and sustained. *490An appeal was taken to this court, and tbe judgment of the lower court reversed. Armstrong v. Ogden City, 9 Utah, 255, 34 Pac. 53. Thereupon a supplemental complaint was filed by the plaintiffs — for themselves, and on hehalf of certain other parties similarly situated — to enjoin the further collection of the tax, and…

2Cases cited3 opinions

  1. Mulligan v. SmithCalifornia Supreme Court · 1881
  2. Zeigler v. HopkinsSupreme Court of the United States · 1886
  3. Armstrong v. Ogden CityUtah Supreme Court · 1893

3Cited by27 opinions

  1. Kleban v. MorrisSupreme Court of Missouri · 1952
  2. Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
  3. City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
  4. City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomeryMissouri Court of Appeals · 1904
  5. Sharum v. City of MuskogeeSupreme Court of Oklahoma · 1914

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