Legal Opinion

Lehman v. Robinson

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 50 opinions

APPEAL from the City Court of Montgomery. Tried before the Hon. John A. Minnis. Patrick Robinson, tax-collector of the county of Montgomery, while engaged in the collection of taxes assessed during the year 1876, was informed that Lehman, Durr & Co. bad escaped the tax-assessor as to some subjects of taxation and species of property for a number of years.

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APPEAL from the City Court of Montgomery. Tried before the Hon. John A. Minnis. Patrick Robinson, tax-collector of the county of Montgomery, while engaged in the collection of taxes assessed during the year 1876, was informed that Lehman, Durr & Co. bad escaped the tax-assessor as to some subjects of taxation and species of property for a number of years. Acting upon the information, and without making any demand on the said firm for a list of its taxable property, the said tax-collector proceeded, on the 12th day of March, 1877, to assess Lehman, Durr & Co. as persons wbo bad escaped the…

1Opinion of the Court

STONE, J.—

Under the act “ designating the subjects and sources, and prescribing the rates and mode of taxation,” approved February 9th, 1850—Pamph. Acts, 3—are found the following provisions:

“ See. 3. . . . Property shall be assessed in the county where it is at the time, or was on the first day of March preceding the assessment; and in the case of land, where a tract lies partly in one county and partly in another, that county in which the greater part lies; but all property [is] liable to be taxed in some county; and the assessor, as well as the collector, and other officers, shall take…

2Cases cited8 opinions

  1. People ex rel. Butler v. Board of SupervisorsMichigan Supreme Court · 1872
  2. Cleghorn v. PostlewaiteIllinois Supreme Court · 1867
  3. Torreyson v. Board of ExaminersNevada Supreme Court · 1871
  4. Darling v. GunnIllinois Supreme Court · 1869
  5. City of San Francisco v. HazenCalifornia Supreme Court · 1855

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

3Cited by50 opinions

  1. State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
  2. McCullar v. UNIV. UNDERWRITERS LIFE INS.Supreme Court of Alabama · 1996
  3. Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
  4. Dearborn v. JohnsonSupreme Court of Alabama · 1937
  5. Alabama Industrial Bank v. State Ex Rel. C. E. AvingerSupreme Court of Alabama · 1970

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