State ex rel. Matson v. Laurendine
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Sbmmes. Petition by F. E. Matson for a writ of mandamus against E. D. Laurendine, as Tax Assessor for Mobile County. Writ denied, and plaintiff appeals.
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Appeal from Mobile City Court. Heard before Hon. O. J. Sbmmes. Petition by F. E. Matson for a writ of mandamus against E. D. Laurendine, as Tax Assessor for Mobile County. Writ denied, and plaintiff appeals. The petition sets up, in substance, that petitioner has been for more than four years a citizen and taxpayer in said county;. that he was on October 1, 1915, and continuously since has been, the owner of certain real estate in the county of Mobile which is subject to taxation for state and county purposes, that the respondent was tax assessor for said county on said date, and is still in…
1DissentMcCLELLAN, J.
— (dissenting). — The order of the court below denying the writ of mandamus prayed was entirely justified by several considerations some only of which I think it necessary to state.
•1. The petitioner sought the compulsory power of the writ of mandamus to compel the tax assessor to assess certain property described in this petition “for taxation for state and county taxes for the said year beginning October 1, 1915, ending September 30, 1916.” The tax assessor is wholly without power or authority to now make an assessment of property for the tax year in which he is sought in this petition to…
2Cases cited10 opinions
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
- Hall v. SteeleSupreme Court of Alabama · 1886
- Ex parte ShaudiesSupreme Court of Alabama · 1880
- Gregory v. BlanchardCalifornia Supreme Court · 1893
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