Pacific Tel. & Tel. Co. v. Henneford
Citation | 81 P.2d 786,195 Wash. 553 |
Decision Date | 29 July 1938 |
Docket Number | 27164. |
Court | United States State Supreme Court of Washington |
Parties | PACIFIC TELEPHONE & TELEGRAPH CO. v. HENNEFORD et al., Tax Com'rs. |
Appeal from Superior Court, Thurston County; John M. Wilson, Judge.
Suit by the Pacific Telephone & Telegraph Company against H. H Henneford and others, Tax Commissioners of the State of Washington, to enjoin the collection of a tax from plaintiff for the privilege of using, within the State, personalty purchased without the State and brought into the State and used therein in plaintiff's intermingled intrastate and interstate business. From a decree granting a permanent injunction, defendants appeal.
Affirmed.
G. W Hamilton, Atty. Gen., and R. G. Sharpe, of Olympia, for appellants.
Post Russell, Davis & Paine, of Spokane, amici curiae.
McMicken, Rupp & Schweppe, of Seattle, for respondent.
This appeal is from a decree of the Thurston County Superior Court permanently enjoining defendant Tax Commissioners from collecting from plaintiff a tax for the privilege of using within this state personal property purchased without this state and brought into this state and used herein indiscriminately and in common for the conduct of plaintiff's intermingled intrastate and interstate telephone and telegraph business, rendered upon defendants' refusal to plead further after a demurrer to the complaint had been overruled.
That portion of the Revenue Act pertinent to this appeal is Title 4, Chapter 180, Laws 1935, pp. 726-728, and Title 4, Chapter 180, Laws 1935, Chapter 191, Laws 1937, pp 943-946 reading as follows:
The allegations of the complaint, admitted by the demurrer to be true, are summarized as follows:
Respondent a California corporation, has owned and operated a telephone and telegraph business in the states of Washington, California, Oregon, and a part of Idaho for many years....
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...of the defendant State of Washington by eminent domain is not within the jurisdiction of this court.' In Pacific Telephone & Telegraph Co. v. Henneford, 1938, 195 Wash. 553, 81 P.2d 786, the plaintiff company secured an injunction against the state tax commissioner, enjoining him from colle......
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