Murray v. Ryan

1927 OK 142, 257 P. 285, 125 Okla. 17, 1927 Okla. LEXIS 4

Opinion

LESTER, J.

The plaintiff brought this action to recover certain taxes assessed, levied, and collected- by the defendant against his property for the fiscal year of 1925.

Judgment was rendered for the defendant, and the plaintiff prosecutes this appeal to reverse said judgment.

The levy of which the plaintiff complains consists of .98 mills for street repair and .35 mills for library purposes, piliaintiff complaining that the said levies being in excess of 6 mills allowed by law for current expenses of the city and it having been shown that no election was he'd authorizing such excessive levy.

It appears that the facts in * the record support the statement of the plaintiff; we, therefore, hold that the levies of .98 mi'ls for street repair and .35 mills for library purposes are illegal in conformity with the rule announced in the ease of Acme Milling Co. v. E. B. Bonaparte, County Treasurer, 125 Okla. 15, 255 Pac. 284, on this day de-cided by this court.

The cause is, therefore, reversed, with directions to enter judgment for the plaintiff.

MASON. V. C. J., and HARRISON, PHELPS. HUNT, and HEFNER, JJ., concur. CLARK and RILEY, JJ., dissent.

Note. — See 28 Cyc. p. 1668 (Anno).