Legal Opinion

Downes v. Monroe

Texas Supreme Court

Decided July 1, 1874PublishedCited by 1 opinion

Appeal from Houston, Tried below before the Hon. L. W„ Cooper. Suit instituted by Monroe to restrain by injunction James E. Downes, as marshal of the town of Crockett, from the colleetion of a capitation tax, levied by the corporate authorities of the town for the purpose of maintaining and repairing the public streets. The court overruled a motion to dissolve the injunction which had issued.

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Appeal from Houston, Tried below before the Hon. L. W„ Cooper. Suit instituted by Monroe to restrain by injunction James E. Downes, as marshal of the town of Crockett, from the colleetion of a capitation tax, levied by the corporate authorities of the town for the purpose of maintaining and repairing the public streets. The court overruled a motion to dissolve the injunction which had issued. At a latter day in the term, it was ascertained that the injunction bond was insufficient in amount, and thereupon another judgment was rendered, making the injunction perpetual on the plaintiff giving a…

1Opinion of the CourtReeves, J.

The petition in this ease fails to present a statement of the cause of action, with such allegations pertinent to the cause as would be necessary to sustain the plaintiff’s suit. It is alleged in the petition that Downes, the defendant in the court below, claiming to be the marshal of the town of Crockett, is exacting and attempting to collect from the plaintiff a tax amounting to five dollars, as a capitation tax for road purposes, while the plaintiff is paying an ad valorem tax to the county for road purposes, and alleged by plaintiff to be in violation of the Constitution and laws of the…

2Cited by1 opinion

  1. Magee v. PalmCourt of Appeals of Texas · 1921

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