Legal Opinion

Hamilton v. Amsden

Indiana Supreme Court

Decided November 15, 1882No. 9566PublishedCited by 8 opinions

Prom the Shelby Circuit Court.

1Opinion of the CourtElliott, J.

— The treasurer of Shelby county charged against the appellant taxes for years prior to 1879, threatened to collect them, and the latter instituted this action to enjoin him.

The controlling question in this case is settled by the decisions in State, ex rel., v. Howard, 80 Ind. 466, and Vogel v. Vogler, 78 Ind. 353. A treasurer has no authority to make assessments of omitted property except for the current year.

Assessments' must be made by the officers designated by law, and an assessment made by an unauthorized person can hot be enforced. The treasurer is authorized to make special…

2Cases cited2 opinions

  1. Vogel v. VoglerIndiana Supreme Court · 1881
  2. State ex rel. Ferguson v. HowardIndiana Supreme Court · 1881

3Cited by8 opinions

  1. State Board of Tax Commissioners v. HollidayIndiana Supreme Court · 1898
  2. Bishop v. MoormanIndiana Supreme Court · 1884
  3. Fesler v. BossonIndiana Supreme Court · 1920
  4. State Board of Tax Commissioners v. Belt Railroad & Stock Yards Co.Indiana Supreme Court · 1921
  5. Lang v. ClappIndiana Supreme Court · 1885

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