Legal Opinion

Ellison v. Linford

Utah Supreme Court

Decided January 15, 1891PublishedCited by 4 opinions

Appeal from a judgment of the district court of the third district. The opinion states the facts. The Territorial legislature is vested with the power to legislate upon all rightful subjects of legislation consistent with the constitution and laws of the United States, which subjects are to be determined by an examination of the subjects upon which legislatures had been *n the practice of acting with the consent of the people.

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Appeal from a judgment of the district court of the third district. The opinion states the facts. The Territorial legislature is vested with the power to legislate upon all rightful subjects of legislation consistent with the constitution and laws of the United States, which subjects are to be determined by an examination of the subjects upon which legislatures had been *n the practice of acting with the consent of the people. Maynard v. Hill, 125 U. S. 204. The’ creation of a municipal corporation, the fixing of its boundaries and conferring upon it the power to tax all property within its…

1Opinion of the Court

AndeRSOít, J.:

The defendant, as tax collector of the city of Kays-ville, levied upon and sold a wagon belonging to plaintiff for unpaid municipal taxes levied by said city upon, his property. The plaintiff brought this action against the^ defendant to recover damages for the taking and selling; said property, upon the ground that the taxes were illegal,, for the reason that the property on which the taxes-were levied was not liable to taxation for city purposes* being situated outside the platted and settled portions; of the city, and so remote theref2’om as to receive no~ benefit from the…

2Cases cited1 opinion

  1. People v. DanielsUtah Supreme Court · 1889

3Cited by4 opinions

  1. Linford v. EllisonSupreme Court of the United States · 1895
  2. Kaysville City v. EllisonUtah Supreme Court · 1898
  3. Linford v. EllisonSupreme Court of the United States · 1895
  4. Shepard v. Kaysville CityUtah Supreme Court · 1898

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