Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 77 (January And June Terms, 1875)
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Court of Gallatin county; the Hon. Tazeweij> B. Taxxer, Judge, presiding. Mr. AxDREW D. Duff, for the appelhmt. Mr. Justice Craig delivered the opinion of the Court: This was a bill in chancery, filed by the First National Bank of Shawneetown. in the Gallatin circuit court, against Joel Cook and Elias Ulmsnider, collectors of taxes, to restrain them from collecting certain taxes assessed against the com- plainant in the bill, on the ground the taxes wei'e unlaw- fully assessed, the amount of ta...xes actually due having been tendered and refused before the filing of the bill. The defendants interposed a demurrer to the bill, which the court sustained. The injunction was dissolved, and the bill dismissed. To reverse this decree the complainant appeals. The allegations of the bill properly pleaded are admitted to be true by the demurrer. The question then is, conceding the facts set up in the bill to be true, do they, as alleged, authorize a court of equity to interfere and grant the relief prayed for in the bill?
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