State v. City of Cisco
| Decision Date | 30 November 1895 |
| Citation | 33 S.W. 244 |
| Parties | STATE v. CITY OF CISCO et al. |
| Court | Texas Court of Appeals |
Appeal from district court, Eastland county; T. H. Conner, Judge.
Quo warranto by the state of Texas against the city of Cisco and others to annul the corporation and remove its officers. From a judgment for defendants, plaintiff appeals. Reversed.
Scott & Brelsford and Boykin Owens, for appellant. B. W. Patterson and J. H. Calhoun, for appellees.
This quo warranto proceeding was brought to annul the corporation of Cisco and remove its officers. After the trial the district judge discovered that he owned certain unimproved real estate, of little value, within the corporate limits, upon which, however, he had paid all taxes, but declined to recuse himself, and set aside the judgment already entered. The amended petition, as well as the information, contained the allegation "that the said E. P. Alvord, as mayor, and W. E. Mancill, T. A. Williams, T. W. Neel, Joe Wilson, and T. J. Worthington, as aldermen, and J. W. Whitesides, as marshal and tax collector, are now exercising, and attempting to execute, civil jurisdiction over said territory, and their acts as such pretended officers are null and void, and a usurpation of authority properly belonging to the officers of Eastland county, Texas, and that said pretended officers, as aforesaid, are now levying taxes within said territory, above described, and exercising and performing other acts in relation thereto; that the taxable values within said territory, above described, amount to the sum of $452,581, and the amount of the tax to be collected therein amount to $4,861.84 per annum; that the fees and emoluments of said offices will amount to $1,000 per annum, and that the rate of taxation is exorbitant, illegal, and confiscatory, and amounts to more than one per cent. on the dollar; that the law necessary to be complied with in order to legally incorporate said city or town has not been complied with, and that said incorporation is null and void." The prayer of both the petition and information was for judgment of ouster against the officers, and that the pretended corporation be declared null and void, and for general relief.
The necessary effect of the suit, if successful, would have been to prevent the levy and collection in future of "illegal, exorbitant, and confiscatory taxes," as alleged. Had there been a specific prayer for injunction against the collection of existing taxes (which...
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The State ex rel. Reeder v. Foard
... ... Cromwell, 144 Ala. 497; Meyer v. San Diego, 121 Cal ... 102; Heilbron v. Campbell, 23 P. 122; Nalle v ... Austin, 85 Tex. 520; State v. Cisco, 33 S.W ... 244; Wagon Works v. Melton, 125 S.W. 291; ... Woodmen of the World v. Hale, 120 S.W. 539; ... Morrisey v. Gray, 117 P. 442; Railroad ... ...
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Wagner v. State
...are those of City of Austin v. Nalle, 85 Tex. 520, 22 S.W. 668, 960; Wetzel v. State, 5 Tex.Civ.App. 17, 23 S.W. 825; State v. City of Cisco, Tex.Civ.App., 33 S. W. 244. The Nalle case is by the Supreme Court of Texas, and the Wetzel and City of Cisco cases are Court of Civil Appeals cases ......
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Kansas City, M. & O. Ry. Co. of Texas v. Cole
...disqualify and that which is too remote and indirect to do so is sometimes shadowy and difficult of determination. The case of State v. City of Cisco, 33 S. W. 244, was an action attacking the validity of the municipal corporation which, it was alleged, was threatening the levy of certain t......
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Marsh v. Ferguson
...of tax. It was held that the trial judge, who owned property in the city, was disqualified; and to the same effect is Cisco v. State (Tex. Civ. App.) 33 S. W. 244. In Kansas City, M. & O. Ry. Co. v. Cole (Tex. Civ. App.) 145 S W. 1098, the suit involved the removal of the machine shops and ......