Legal Opinion

Arizona Eastern Railroad v. Graham County

Arizona Supreme Court

Decided April 16, 1919No. Civil No. 1675PublishedCited by 15 opinions

APPEAL from a judgment of the Superior Court of the county of Graham. A. G. McAlister, Judge.

1Opinion of the CourtCunningham, C. J.

Quoting from appellee’s brief, we find the statement of the question presented for decision on this record:

“Must one who has paid an illegal tax under protest file within six months thereafter a verified demand with the hoard of supervisors as required by paragraph 2434, R. S. A. 1913, Civil Code, as a condition precedent to bringing suit against the county

Our answer is “No,” for the reasons following. In order to contest the validity of the equalized assessed valuation of property for taxation, the taxpayer is required to pay the tax, under protest, and whenever the tax has been paid, he may…

2Cases cited1 opinion

  1. Gibson Abstract Co. v. Cochise CountyArizona Supreme Court · 1909

3Cited by15 opinions

  1. Powell v. GleasonArizona Supreme Court · 1937
  2. Norcor of America v. Southern Arizona International Livestock Ass'nCourt of Appeals of Arizona · 1979
  3. Maricopa County v. Arizona Citrus Land Co.Arizona Supreme Court · 1940
  4. Yuma County v. Arizona & Swansea RailroadArizona Supreme Court · 1926
  5. Valley National Bank v. Apache CountyArizona Supreme Court · 1941

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