Albuquerque Bank v. Perea

Supreme Court

Albuquerque Bank v. Perea

147 U.S. 87, 13 S. Ct. 194, 37 L. Ed. 91, 1893 U.S. LEXIS 2145

CourtSupreme Court of the United States

DecidedJanuary 3, 1893

Docket710

StatusPublished

Cited by18 cases

This text of 147 U.S. 87 (Albuquerque Bank v. Perea) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albuquerque Bank v. Perea, 147 U.S. 87, 13 S. Ct. 194, 37 L. Ed. 91, 1893 U.S. LEXIS 2145 (1893).

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Opinion

Mr. Justice Brewer

delivered the opinion of the court.

The- decree dismissing the original and supplemental bills must be sustained.- . As to the tax- of 1888, the case stands upon the allegation that plaintiff’s property was originally-assessed at its full value, while other property was assessed seventy per cent thereof; that it appealed to the board of equalization for a reduction ; and that such tribunal reduced the valuation, but only to eighty-five instead of seventy per cent. It would seem that the mere statement of this 'wkq_ sufficient. The law of New Mexico requires property to be assessed at its cash value. Confessedly, this plaintiff’s property was assessed at fifteen per cent below that value. Surely, Upon the mere ..fact that other property happened to be assessed at thirty per cent below the value, when this did. not come from any design or systematic effort on the part of the county officials, and when the plaintiff has had a hearing as to *90 the correct valuation, on appeal before the board of equalization, the proper tribunal for review, it cannot be that it can come into a court of equity for an injunction, or have that decision of the board of equalization reviewed in this collateral way. Stanley v. Supervisors of Albany, 121 U. S. 535.

With respect to the taxes of 1SS9, there was no payment or tender of payment of any amount. Plaintiff seeks to avoid the necessity therefor by alleging that it is impossible to separate the legal from the illegal portions of the taxes; an allegation which is manifestly untrue, in view of the fact that it had no difficulty in making the separation in the taxes of 1888, the assessment for which was made in a similar way; and in view of the further fact that it must have known what property it had which was subject to taxation as well as its value, and, therefore, the rate of taxation being fixed by law, it could, of course, have known what amount was undoubtedly due. The rule in respect to this matter is perfectly well settled in this court. In State Railroad Tax Cases, 92 U. S. 575, 616, it was fully considered. In that case it was said by Mr. Justice Miller, speaking for the court: “ It is a profitable thing for corporations or individuals whose taxes are very large to obtain a preliminary injunction as to all their taxes, contest the case through several years’ litigation, and when in the end it is found that but a small part of the tax should be permanently enjoined, submit to pay the balance. This is not equity. It is in direct violation of the first principles of equity jurisdiction. It is not sufficient to say in the bill that they are ready and willing to pay whatever may be found due. They must first pay what is conceded to be due, or what can be seen to be due on the face of the bill, or be shown by affidavits, whether conceded or not, before the preliminary injunction should be granted. The State is not to be thus tied up as to that of which there is no contest, by hAnping it with that which is really contested. If the proper officer refuses to receive a part of the tax, it must be tendered, and tendered without the condition annexed of a receipt in full for all the taxes assessed,” Many other cases to like effect might be cited.

The decree'will be Affirmed.

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Mr. Justice Brewer

delivered the opinion of the court.

The- decree dismissing the original and supplemental bills must be sustained.- . As to the tax- of 1888, the case stands upon the allegation that plaintiff’s property was originally-assessed at its full value, while other property was assessed seventy per cent thereof; that it appealed to the board of equalization for a reduction ; and that such tribunal reduced the valuation, but only to eighty-five instead of seventy per cent. It would seem that the mere statement of this 'wkq_ sufficient. The law of New Mexico requires property to be assessed at its cash value. Confessedly, this plaintiff’s property was assessed at fifteen per cent below that value. Surely, Upon the mere ..fact that other property happened to be assessed at thirty per cent below the value, when this did. not come from any design or systematic effort on the part of the county officials, and when the plaintiff has had a hearing as to *90 the correct valuation, on appeal before the board of equalization, the proper tribunal for review, it cannot be that it can come into a court of equity for an injunction, or have that decision of the board of equalization reviewed in this collateral way. Stanley v. Supervisors of Albany, 121 U. S. 535.

With respect to the taxes of 1SS9, there was no payment or tender of payment of any amount. Plaintiff seeks to avoid the necessity therefor by alleging that it is impossible to separate the legal from the illegal portions of the taxes; an allegation which is manifestly untrue, in view of the fact that it had no difficulty in making the separation in the taxes of 1888, the assessment for which was made in a similar way; and in view of the further fact that it must have known what property it had which was subject to taxation as well as its value, and, therefore, the rate of taxation being fixed by law, it could, of course, have known what amount was undoubtedly due. The rule in respect to this matter is perfectly well settled in this court. In State Railroad Tax Cases, 92 U. S. 575, 616, it was fully considered. In that case it was said by Mr. Justice Miller, speaking for the court: “ It is a profitable thing for corporations or individuals whose taxes are very large to obtain a preliminary injunction as to all their taxes, contest the case through several years’ litigation, and when in the end it is found that but a small part of the tax should be permanently enjoined, submit to pay the balance. This is not equity. It is in direct violation of the first principles of equity jurisdiction. It is not sufficient to say in the bill that they are ready and willing to pay whatever may be found due. They must first pay what is conceded to be due, or what can be seen to be due on the face of the bill, or be shown by affidavits, whether conceded or not, before the preliminary injunction should be granted. The State is not to be thus tied up as to that of which there is no contest, by hAnping it with that which is really contested. If the proper officer refuses to receive a part of the tax, it must be tendered, and tendered without the condition annexed of a receipt in full for all the taxes assessed,” Many other cases to like effect might be cited.

The decree'will be Affirmed.

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Bluebook (online)

147 U.S. 87, 13 S. Ct. 194, 37 L. Ed. 91, 1893 U.S. LEXIS 2145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albuquerque-bank-v-perea-scotus-1893.

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