Legal Opinion

Louisiana Realty Co. v. City of McAlester

Supreme Court of Oklahoma

Decided March 8, 1910No. 845PublishedCited by 16 opinions

Error from, Pittsburg County Court; R. W. Higgins, Judge. Action by the Louisiana Realty Company against the City of McAlester. Judgment for defendant, and plaintiff brings error. Citing: Mayer v. Mayor. 2 Hun. 306; Kingston Bcmh v. Eltinge, 40 N. Y. 391. Citing: 27 A. & E. Ene. L. (2d Ed.) pp. 756-764; Jackson v. Atlanta, 61 Ga. 228; San Diego L. & T. Go. v. School Dist., 122 Cal. 98; Cooley on Taxation, p. 809.

1Opinion of the CourtICane, J.

This was a suit to recover taxes on town lots assessed and collected by the city of McAlester, prior to statehood. The petition of plaintiff below, plaintiff in error here, alleges, in substance, that the city of McAlester by its officials illegally assessed for taxes in 1905 and 1906 certain lots within its corporate limits, assessing them as the property of plaintiff; that the plaintiff did not own said lots during said years; that plaintiff was not atvare of said fact, and through mistake paid the assessment, amounting to $1-76.26; that immediately on learning the facts, as alleged,…

2Cases cited2 opinions

  1. San Diego Land & Town Co. v. La Presa School DistrictCalifornia Supreme Court · 1898
  2. Smith v. JordanCalifornia Supreme Court · 1898

3Cited by16 opinions

  1. Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
  2. Pioneer Telephone & Telegraph Co. v. StateSupreme Court of Oklahoma · 1914
  3. Garfield Oil Co. v. ChamplinSupreme Court of Oklahoma · 1920
  4. Johnson v. Grady CountySupreme Court of Oklahoma · 1915
  5. Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916

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