City of Tyler v. Tyler Building & Loan Ass'n
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Smith County. The city of Tyler sued the Tyler Building and Loan Association for the recovery of city taxes. Defendant had judgment, except as to the portion of the taxes not contested. On appeal by plaintiff the judgment was reversed and rendered for appellant for a part of the disputed taxes also. Both parties applied for, and obtained, writs of error.
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Error to the Court of Civil Appeals for the First District, in an appeal from Smith County. The city of Tyler sued the Tyler Building and Loan Association for the recovery of city taxes. Defendant had judgment, except as to the portion of the taxes not contested. On appeal by plaintiff the judgment was reversed and rendered for appellant for a part of the disputed taxes also. Both parties applied for, and obtained, writs of error. The answer of the Supreme Court to questions certified while the case was before the Appellate Court is reported in 98 Texas, on page 69.
1Opinion of the Court
BROWN, Associate Justice.
We adopt this statement of the case in the opinion of the Court of Civil Appeals:
“The city of Tyler assuming to act in the premises as a city of more than ten thousand inhabitants, incorporated under the general laws, brought this suit against appellee to recover municipal and school taxes alleged to be due it by appellee for the years 1898, 1899, 1900 and 1901.
“Plaintiff averred that having incorporated under the general laws in 1877 its mayor in 1894, in pursuance of a resolution passed by its council, procured a census of the city to be taken, which having been…
2Cases cited3 opinions
- Waite v. Santa CruzSupreme Court of the United States · 1902
- County of Mitchell v. City National BankTexas Supreme Court · 1898
- Ball, Hutchings & Co. v. Presidio CountyTexas Supreme Court · 1895
3Cited by13 opinions
- Glenn v. Dallas County Bois D'Arc Island Levee DistrictTexas Supreme Court · 1925
- City of Del Rio v. LoweCourt of Appeals of Texas · 1937
- Grimes County v. W. L. Slayton & Co.Court of Appeals of Texas · 1924
- City of Dublin v. H. B. Thornton & Co.Court of Appeals of Texas · 1933
- Landrum v. Centennial Rural High School Dist.Court of Appeals of Texas · 1940
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