Argyle v. Johnson
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. J. E. Booth, Judge. Action by Benjamin Argylé and others against Mont Johnson, County Treasurer. Judgment for plaintiffs. Defendant appeals.
1Opinion of the CourtFrick, C. J.
This is an appeal from a final judgment perpetually enjoining the collection of a certain drainage tax.
It is not clear upon what ground the district judge based his decision. From what is disclosed by the record, however, it seems that the injunction was granted upon the ground that the law under which the tax was imposed is void, because it authorizes the taking of property without due'process of law.
The judgment was granted upon the pleadings, and it is contended here that the judgment must be sustained, because the answer of appellant presented no defense. This ■contention is untenable,…
2Cases cited11 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
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3Cited by15 opinions
- Lehi City v. Meiling, City RecorderUtah Supreme Court · 1935
- Miller & Lux, Inc. v. Board of SupervisorsCalifornia Supreme Court · 1922
- McGrew v. Industrial CommissionUtah Supreme Court · 1938
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- State ex rel. Lundberg v. Green River Irrigation DistrictUtah Supreme Court · 1911
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