Alva State Bank v. Renfrew
| Citation | 62 P. 285,10 Okla. 26,1900 OK 92 |
| Parties | ALVA STATE BANK v. RENFREW, Treasurer, et al. |
| Decision Date | 05 September 1900 |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Where a party seeks to enjoin the collection of a tax which he claims is excessive and illegal, arising from either the action of the assessor or the board of equalization in raising the returned valuation thereof, it is not only necessary to allege in the petition, but it must be proved upon the trial that the property was listed and returned for assessment at its true cash value, before a court of equity will interfere and enjoin the collection of the tax claimed to be excessive and void.
Error from district court, Woods county; before Justice John L McAtee.
Action by the Alva State Bank against J. P. Renfrew, treasurer, and H. C. McGrath, sheriff. Judgment for defendants, and plaintiff brings error. Affirmed.
T. J Womack, for plaintiff in error.
Jesse J. Dunn and F. M. Cowgill, for defendants in error.
This was an action brought in the district court of Woods county on the 27th day of February, 1896, by the Alva State Bank against the defendants in error, to enjoin the collection of a portion of the tax assessed and levied against the plaintiff in error for the year 1895, on the ground of excessive assessment. The material averments in the petition are, in substance: That the Alva State Bank is a corporation duly organized and existing under the laws of the territory of Oklahoma, and is engaged in a general banking business in the town of Alva, in said county and territory. That on the 1st day of February, 1895, said bank was the owner of the following described real estate in said township and county to wit: Lot No. 9, in block No. 26; lot No. 21, in block No. 50; and lot No. 8, in block 38. And on said date the following named persons owned all of the capital stock of said bank, to wit: C. Q. Chandler, 25 shares; E. E. Masterman, 25 shares; J. W. Berryman, 25 shares; and W. S. Fallis, 25 shares. That the authorized capital stock of said bank is $10,000, and is divided into 100 shares of stock, of the denomination of $100 each. That each of said stockholders had, on the 1st day of February, 1895, paid in on each share of stock duly issued by the officers of said bank and held by him 25 per cent. of the face value of said stock. That the sum of $2,500 was the full and actual value of all the capital stock of said bank on the 1st day of February, 1895. That the above-described property is all the property owned and controlled or under the management of said bank on February 1, 1895, subject to taxation for said year, and required by law to be listed and assessed for that purpose. That on the 7th day of March, 1895. A. T. Sniggs, the township assessor for Alva township, in said county, called upon and required W. S. Fallis, the cashier and managing officer of said bank, to list all the property of said bank for the several purposes of taxation, and make oath to such statement as required by law, a copy of which list and assessment is attached to the petition of the plaintiff, and marked "Exhibit A." Exhibit A shows that on the 7th of March, 1895, the Alva State Bank, by its cashier, W. S. Fallis, returned and listed to the assessor the following property, to wit: Lot 9, in block 26, valued at $10; lot 21, in block 50, valued at $10; shares in state banks as follows: "C. Q. C., $625.00; E. E. M., $625.00; J. M. B., $625.00; W. S. F., $625.00; total; $2,500.00; aggregate amount of taxable property, $2,520.00." It is further alleged in the plaintiff's petition that on the 1st day of May, 1895, and without the knowledge or consent of the plaintiff, the Alva State Bank, or any of...
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