Legal Opinion

A. B. Frank Co. v. Latham

Court of Appeals of Texas

Decided November 7, 1945No. 9525PublishedCited by 4 opinions

1Opinion of the Court

BAUGH, Justice.

A. B. Frank Company, Incorporated, hereafter designated as the corporation, sued the Secretary of State, the Attorney General, and the State Treasurer, hereafter referred to as the State, to recover certain franchise taxes, interest and penalties, paid by it under protest, for the years 1933 to 1943, aggregating $1031.27. Trial was to the court without a jury and judgment rendered that the corporation take nothing; hence this appeal.

The controlling facts are without dispute. A charter amendment of the corporation in 1929 provided a capital stock of $1,200,000, consisting of…

2Cases cited15 opinions

  1. Farrington v. TennesseeSupreme Court of the United States · 1878
  2. Borg v. International Silver Co.Court of Appeals for the Second Circuit · 1925
  3. Winkelman v. General Motors CorporationDistrict Court, S.D. New York · 1942
  4. San Antonio Hardware Co. v. SangerCourt of Appeals of Texas · 1912
  5. Clark v. Atlantic Pipe Line Co.Court of Appeals of Texas · 1939

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3Cited by4 opinions

  1. Covey v. Covey's Little America, Inc.Wyoming Supreme Court · 1963
  2. A.B. Frank Co. v. Latham, SEC. of StateTexas Supreme Court · 1946
  3. Riveroaks Development Corp. v. ShepperdCourt of Appeals of Texas · 1952
  4. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1972

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