Oliver v. Carsner
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. T. C. Barden. On the second of September, 1872, A. Oliver and two hundred and twenty other taxpayers of Victoria county .-applied for and obtained an injunction restraining Carsner, sheriff of that county, from collecting one per cent. • on the assessed value of their property, for school purposes.
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Appeal from Victoria. Tried below before the Hon. T. C. Barden. On the second of September, 1872, A. Oliver and two hundred and twenty other taxpayers of Victoria county .-applied for and obtained an injunction restraining Carsner, sheriff of that county, from collecting one per cent. • on the assessed value of their property, for school purposes. The petition alleged that on the twenty-ninth of November, 1871, C. Carsner, C. G. Hall, J. M. Edgar, A. H. Cromwell and A. Ferrer were the directors of public schools for the county of Victoria, and as such levied a, school tax of one-half of one…
1Opinion of the CourtWalker, J.
We are of opinion that the injunction imust be perpetuated in this case.
The law fixes the maximum amount of taxation for <one year at one per cent, for school purposes, but it deaves it in the discretion of the school boards whether •one per cent, or a less amount shall be levied. A levy
• was made on the taxable property of the district of one-half of one per cent, by a competent board of directors. This board of directors was succeeded by another, who -virtually set aside the first levy and levied the full amount of one per cent.
We think the first levy was legal, but that the second board of…
2Cited by4 opinions
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