Blanc v. Meyer

Citations

• 59 Tex. 89
• 1883 Tex. LEXIS 112

Syllabus

<p>1. Injunction to bestkain collection of taxes.— To restrain the collection of taxes, exactness and particularity must be observed in stating the grounds for the equitable relief sought, and the injunction should not be granted when, from the averments in the petition, it remains doubtful whether all the taxes sought to be enjoined are illegal.</p> <p>On Rehearing.</p> <p>2. Pleading. — A mere allegation in a petition for injunction, that a sale of property for taxes would cast a cloud over plaintiff’s title, will not of itself authorize the issuance of the writ to prohibit the collection of the entire tax, when it does not appear that the entire tax is illegal.</p> <p>3. Injunction — Taxes.— In such case the plaintiff should pay, or tender the tax legally assessed, and in addition to setting forth specifically the precise equitable grounds on which relief is sought, he should set forth the nature and character of the irreparable damage that would result to him in the absence of an injunction.</p> <p>4. Same.— City of Marshall v. Snediker, 25 Tex., 471; Galveston Co. v. Gorham, 49 Tex., 306; Red v. Johnson, 53 Tex., 288; Galveston v. Galveston, 56 Tex., 487; Girardin v. Dean, 49 Tex., 243; Fort Worth v. Davis, 57 Tex., 225, and Williamson v. Lane, 52 Tex., 335, cited and followed.</p>