Norris v. City of Waco
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Suit by injunction to restrain the collection of taxes. The bill charged: 1. Formal allegations. 2. That the city of Waco was incorporated on the 26th of April, 1871. ' 3. That prior to said last named date, the city had been incorporated, and at the said time had legal existence as a corporation. 4. At the time (26th of April, 1871) the city had a population of about five or six thousand inhabitants, and…
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Suit by injunction to restrain the collection of taxes. The bill charged: 1. Formal allegations. 2. That the city of Waco was incorporated on the 26th of April, 1871. ' 3. That prior to said last named date, the city had been incorporated, and at the said time had legal existence as a corporation. 4. At the time (26th of April, 1871) the city had a population of about five or six thousand inhabitants, and included within its corporate limits about one thousand acres of land, of which less than ten acres were used for business…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought by Mrs. Norris to enjoin the collection of taxes for the years 1874 and 1875, and to enjoin the collection of a judgment which the city of Waco had obtained against her for the taxes of 1873.
Pending the suit some taxes were paid by her under protest, and that fact was set up by amendment with a prayer for the recovery thereof.
It does not clearly appear whether all the taxes due at the time of filing the amendment were paid or not, but in considering the case we will regard such to be the effect of the averment.
*640The ground upon which the tax is…
2Cases cited1 opinion
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
3Cited by70 opinions
- Smith v. DavisTexas Supreme Court · 1968
- Canal Insurance Co. v. Hopkins, Texas Court of Appeals, 12th District (Tyler)2007
- Crabb v. Celeste Independent School DistrictTexas Supreme Court · 1912
- State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
- State Ex Rel. Pan American Production Co. v. City of TexasTexas Supreme Court · 1957
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