Legal Opinion

Dwyer v. Hackworth

Texas Supreme Court

Decided June 9, 1882No. Case No. 4633PublishedCited by 17 opinions

Appeal from Washington. Tried below before the Hon. I. B. McFarlane. Injunction suit, instituted on the 28th day of March, 1881, in the district court of Washington county, by Thomas Dwyer, against the appellee, John W. Hackworth, assessor and collector of taxes of the city of Brenham, to enjoin the collection of certain ad valorem taxes levied by the city council of that city, and assessed against the plaintiff.

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Appeal from Washington. Tried below before the Hon. I. B. McFarlane. Injunction suit, instituted on the 28th day of March, 1881, in the district court of Washington county, by Thomas Dwyer, against the appellee, John W. Hackworth, assessor and collector of taxes of the city of Brenham, to enjoin the collection of certain ad valorem taxes levied by the city council of that city, and assessed against the plaintiff. The taxes were as follows: 1st. One-half of one per cent, for the support of the public free schools of said city....................... $370 60 2d. One-fourth of one per cent, to…

1Opinion of the Court

Gould, Chief Justice.

Most of the questions presented in this case are settled by the decision in the case of The City of Fort Worth v. Davis et al., and our conclusions may be briefly stated as follows: 1st. The city council of Brenham, actingunder “ An act to authorize the cities of Texas to maintain public schools,” by resolution adopted April 26, 1875, assumed control of the public schools within its limits. It has not been found necessary to inquire whether the proceeding in September, 1875, to amend the city charter, was valid or not.

2d. The city having thus assumed control of its public…

2Cases cited3 opinions

  1. International & G. N. R. R. Co. v. Smith CountyTexas Supreme Court · 1880
  2. T. V. Board v. Texas & Pacific R. W. Co.Texas Supreme Court · 1876
  3. Mayor & Common Council of Placerville v. WilcoxCalifornia Supreme Court · 1868

3Cited by17 opinions

  1. Brenham v. German American BankSupreme Court of the United States · 1892
  2. King v. Comm'rs. Court of Throckmorton CountyCourt of Appeals of Texas · 1895
  3. Matagorda Canal Co. v. Markham Irr. Co.Court of Appeals of Texas · 1913
  4. Gulf, O. & S. F. Ry. Co. v. City of DallasTexas Commission of Appeals · 1929
  5. City of Waxahachie v. BrownTexas Supreme Court · 1887

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