# Board of Commissioners v. Brown

> Indiana Supreme Court · May 15, 1867 · 28 Ind. 128

URL: https://www.frixlaw.com/law-library/cases/7037452

## Case

- **Full name:** The Board of Commissioners of Madison County and Others v. Brown
- **Court:** Indiana Supreme Court
- **Decided:** May 15, 1867
- **Citations:** 28 Ind. 128
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gregory
- **Judges:** Gregory
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7037452

## Opinion text

Gregory, J.
— The sole object of this suit was to enjoin the collection of taxes, for the year 1866, from the citizens of Fall Creek township, in Madison county. The board of *129 commissioners of that county, at their June session for 1866, made the following order; “Ordered, that there he, and there is hereby, levied on all property in the county, real and personal, ninety cents on each one hundred dollars, and one dollar and seventy-five cents on each poll, for county purposes.” A demurrer to the complaint was overruled, and this is the error assigned.
J. Davis, E. B. Goodykoontz and J. W. Sansberry, for appellants.
H. Craven and A. D. Williams, for appellees.
In The Board of Commissioners of Harrison County v. McCarty, 27 Ind. 475 , this court held that the fact that the board of commissioners contemplated an unlawful use of the county revenue levied for general purposes would not make void the order directing the levy.
The judgment of the court below is reversed, with costs, and the cause remanded, with directions to sustain the demurrer to the complaint, and for further proceedings.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7037452. Public record. Not legal advice.