Legal Opinion

Duck v. Peeler

Texas Supreme Court

Decided June 7, 1889No. 6902PublishedCited by 35 opinions

Appeal from Atascosa. Tried below before Hon. D. P. Marr. This is an appeal from a final decree perpetuating an injunction against Duck as sheriff and collector of taxes, restraining the collection of certain taxes alleged to be illegally claimed by reason of the alleged act of the assessor in increasing the valuation upon the property of the complainant. The pleadings and testimony are sufficiently shown in the opinion.

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Appeal from Atascosa. Tried below before Hon. D. P. Marr. This is an appeal from a final decree perpetuating an injunction against Duck as sheriff and collector of taxes, restraining the collection of certain taxes alleged to be illegally claimed by reason of the alleged act of the assessor in increasing the valuation upon the property of the complainant. The pleadings and testimony are sufficiently shown in the opinion. The conclusions of law by the court below are here given: “1. The assessor of taxes having increased the valuation of plaintiff’s lands as made by himself without an order of…

1Opinion of the Court

Stayton, Chief Justice.

Appelle claims that he rendered for assessment his real estate under oath for the year 1887 at a valuation agreed upon between himself and the assessor and that afterward without authority the latter placed it on the tax rolls at a higher valuation.

He seeks to restrain the collection of taxes on the valuation in excess of that made by himself and avers on information and belief that in the month of June, 1887, he and others were cited to appear before the *271"board of equalization to show cause why their assessments should not be raised, but he does not aver whether he…

2Cited by35 opinions

  1. State v. HouserTexas Supreme Court · 1941
  2. Powers v. Temple Trust Co.Texas Supreme Court · 1935
  3. G., H. S.A. Ry. Co. v. DegroffTexas Supreme Court · 1909
  4. McAfee v. ReynoldsIndiana Supreme Court · 1891
  5. City of Waco v. Conlee Seed CompanyTexas Supreme Court · 1969

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