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29 Ind. 280

Lamb v. Hetfield

Indiana Supreme Court

Decided May 15, 1868

Indiana Supreme Court · decided 1868-05-15

<p>APPEAL from the Fountain Circuit Court.</p>

Decided 1868-05-15

Frazer, J.

¶1This was a suit to restrain by injunction the collection • of certain taxes alleged to have been assessed against the appellee, and for which it was alleged the appellant, as treasurer of the county, was about to distrain. An issue was made by the general denial, and upon an agreed state of facts there was a finding and judgment for the plaintiffj as prayed.

¶2The agreed case was not sufficient to justify the finding. It fails utterly to show a case for injunction. It does not appear from it, either that the taxes complained of stand charged on the duplicate to the plaintiff, or to anybody, or even that the appellant is treasurer.

T. F. Davidson, for appellant.J. Ristine, for appellee.

¶3The judgment is reversed, with costs, and the cause remanded for a new trial.

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