Legal Opinion

McDaniel v. Castro County

Court of Appeals of Texas

Decided September 23, 1974No. 8491PublishedCited by 6 opinions

1Opinion of the Court

REYNOLDS, Justice.

Disregarding the only two of five jury findings that partially absolved the taxpayer of liability for delinquent taxes assessed against his cattle and substituting liability therefor pursuant to the provisions of Vernon’s Ann.Civ.St. art. 7155, which authorizes pro rata taxing of ranging livestock by qualifying taxing units, the trial court entered judgment against the taxpayer for all assessed taxes not barred by the statute of limitation. Concluding that application of the statutory provisions is contrary to the constitutional command for taxation of property at its situs,…

2Cases cited5 opinions

  1. C. & R. TRANSPORT, INC. v. CampbellTexas Supreme Court · 1966
  2. Eubanks v. WinnTexas Supreme Court · 1967
  3. Court v. O'ConnorTexas Supreme Court · 1886
  4. Lufkin Nursing Home, Inc. v. Colonial Investment Corp.Court of Appeals of Texas · 1973
  5. Nolan, Sheriff v. San Antonio Ranch Co.Texas Supreme Court · 1891

3Cited by6 opinions

  1. Wenk v. City National BankCourt of Appeals of Texas · 1981
  2. Kulms v. JenkinsCourt of Appeals of Texas · 1977
  3. Louisiana Pacific Corp. v. SmithCourt of Appeals of Texas · 1977
  4. HIGH PLAINS WIRE LINE SERVICES, INC. v. Hysell Wire Line Service, Inc., Texas Court of Appeals, 7th District (Amarillo)1991
  5. United Farm Workers, AFL-CIO v. HE Butt Grocery Co.Court of Appeals of Texas · 1979

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