St. Clair v. Kelly

This suit was brought by the appellee against the appellants, who were the officers of the town of Ohio Falls, to enjoin the collection of a tax levied by said town.

A demurrer, for want of sufficient facts, to the complaint was overruled, and final judgment rendered for the plaintiff.

It is admitted by counsel on both sides that the only question in the case is, could the town of Ohio Falls be incorporated under our statute, 1 G. & H. 619, and the various amendments following, on the ground or territory on which it claims to exist, it being admitted that the town was properly organized and…