Horton v. Driskell
Wyoming Supreme Court
Error to the District Court, Weston County, Hon. Joseph L. Stotts, Judge. J. W. Driskell brought suit against Fred Horton, as County Treasurer and Collector of Taxes of Weston County, to enjoin the collection of a tax levied in said county for the year 1901 against the plaintiff upon cattle. From a judgment in favor of plaintiff defendant brought error. The facts are stated in the opinion.
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Error to the District Court, Weston County, Hon. Joseph L. Stotts, Judge. J. W. Driskell brought suit against Fred Horton, as County Treasurer and Collector of Taxes of Weston County, to enjoin the collection of a tax levied in said county for the year 1901 against the plaintiff upon cattle. From a judgment in favor of plaintiff defendant brought error. The facts are stated in the opinion. The court erred in denying the motion of the defendant below, plaintiff in error here, to non-suit the plaintiff for failure to answer the interrogatories attached to the defendant’s answer. The…
1Opinion of the Court
Corn, Chief Justice."
This was a suit to enjoin the collection, by the County of Weston, of taxes upon 1,500 head of range cattle. A temporary injunction was allowed and upon the hearing the court found in favor of the plaintiff and rendered judgment making the injunction perpetual. The plaintiff (defendant in error here) alleged in his petition that he paid taxes upon all his cattle in Crook County, where his home range was located, and that he had no cattle in Weston except such as had drifted there off their home range and were not subject to taxation in the latter county. The defendant,…
2Cases cited12 opinions
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