Legal Opinion

Smith v. Smith

Indiana Supreme Court

Decided November 6, 1902No. 19,826PublishedCited by 13 opinions

From Marion Superior Court; J. L. McMaster, Judge. Suit by Delavan Smith and another against Harry B. Smith, auditor of Marion county, to enjoin defendant from placing upon the tax duplicate an alleged illegal assessment. From a decree for plaintiffs, defendant appeals.

1Opinion of the CourtGillett, J.

— On September 4, 1900, appellees commenced this action to enjoin appellant from entering upon the tax duplicate of Marion county for said year an increased assessment upon their partnership property, con*389sisting of personalty, of $354,723, made by tbe state board of tax commissioners. Appellees’ said property was assessed by the township assessor in the sum of $45,277.34, and this amount they offer to pay. This action is so far a counterpart of the case of Hart v. Smith, ante, 182, that we may refer to the decision in that case for a further statement of the facts alleged in the complaint in…

2Cases cited22 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. Dows v. City of ChicagoSupreme Court of the United States · 1871
  3. Pittsburgh &C. Railway v. Board of Public WorksSupreme Court of the United States · 1898
  4. State Board of Tax Commissioners v. HollidayIndiana Supreme Court · 1898
  5. Union Pacific Railway Co. v. CheyenneSupreme Court of the United States · 1885

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3Cited by13 opinions

  1. Board of Commissioners v. AdlerIndiana Court of Appeals · 1922
  2. State Board of Tax Commissioners v. McDanielIndiana Supreme Court · 1928
  3. Gray v. FosterIndiana Court of Appeals · 1910
  4. Simmons v. WoodwardIndiana Supreme Court · 1940
  5. Princess Amusement Co. v. MetzgerIndiana Supreme Court · 1907

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