Legal Opinion

McCrory v. O'Keefe

Indiana Supreme Court

Decided April 26, 1904No. 20,136PublishedCited by 11 opinions

From Marshall Circuit Court; Harry Bernetha, Judge. Suit by Francis M. McCrory against William O’Keefe, treasurer of Marshall county. From a judgment for defendant, plaintiff appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtMonks, J.

Appellant brought this suit against appellee, as treasurer of Marshall county, to enjoin the collection of certain taxes for the year 1900 assessed by the county assessor and placed on the tax duplicate by the county auditor as taxes on omitted property. The court sustained a demurrer for want of facts to the first and second paragraphs of the complaint and to the amended third and fourth paragraphs of the complaint. Binal judgment against appellant.

The errors assigned and not waived call in question the action of the court in sustaining the demurrer to each of said amended paragraphs of the…

2Cases cited3 opinions

  1. Florer v. SheridanIndiana Supreme Court · 1894
  2. Crowder v. RiggsIndiana Supreme Court · 1899
  3. Moore v. HewittIndiana Supreme Court · 1897

3Cited by11 opinions

  1. Barnum v. RallihanIndiana Court of Appeals · 1916
  2. Miami Coal Co. v. Fox, Treas.Indiana Supreme Court · 1931
  3. Nyce v. SchmollIndiana Court of Appeals · 1907
  4. King County v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1912
  5. Sahm v. State ex rel. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1909

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