Legal Opinion

Wilt v. Bueter

Indiana Supreme Court

Decided March 17, 1916No. 22,745Published

From Allen Circuit Court; John W. Eggeman, Judge. Action by Franklin P. Wilt and others against J. Herman Bueter, treasurer of the county of Allen, anc? others. - From a judgment for defendants, the plain-, tiffs appeal.

1Opinion

On Petition for Rehearing.

Lairy, C. J.

Appellees’ counsel on petition for rehearing challenge the holding of the court in regard to a tender of the amount legally due from appellants for the cost of supplying'the lamp posts, it being further insisted by counsel that-a tender of the amount thus due was a condition precedent to the granting of injunctive' relief in this case.

16. “No principle of the law of injunction is more firmly established than that requiring a taxpayer who seeks the aid of an injunction against the enforcement or collection of a tax to first pay or tender the amount which…

2Cases cited21 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. Mills v. CharletonWisconsin Supreme Court · 1872
  3. National Bank v. KimballSupreme Court of the United States · 1881
  4. Ricketts v. SprakerIndiana Supreme Court · 1881
  5. City of Elkhart v. WickwireIndiana Supreme Court · 1889

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