| Show S NOT THE PROPER REMEDY 14 t Mercur Gold Mining Company vs County Collector Spry I Judge Cherry yesterday delivered his I decision in the case of the Mercur Gold Mining Milling company against William Spry tax collector of Tooele county The plaintiff brought the action ac-tion to obtain a perpetual injunction against the defendant to prevent him from collecting 7825 as taxes on the net proceeds of plaintiffs mine for they the-y < ar 1S96 and also for judgment for 1750 taxes for said year paid under protest The plaintiff sought relief on the ground that the assessor wrongfully assessed the net proceeds of the mine at 350000 instead of 100000 the alleged al-leged actual sum that the net proceeds pro-ceeds was paid to stockholders who paid taxes thereon that a certain portion por-tion of said tax Is illegal being 10 mills of said levy for the district of Mercur a precinct of the county and that the county commissioners failed andrE and-rE > to correct the same The defendant set up a demurrer to the sufficiency of the complaint and the question for the court to decide was whether or not the plaintiff had presented such a case as would entitle it to the extraordinary relief prayed for Plaintiff alleged that it had no speedy and adequate remedy atp law and therefore resorted to the Injunction Injunc-tion method so that it would not be put to the loss which would accrue by the tax collector seizing and selling 4 its property or clouding its title His honor held that the plaintiff was amply able to pay the amount of the taxes under protest and thus prevent any sale of its property The statute denies remedy by injunction unless in unusual cases and as only a small portion of the tax10 mills out of 27 mills vas held to be illegal an inJunction in-junction would not lie His honor in conclusion ruled that the complaint states a good and sufficient suf-ficient cause of action in a court of law but it must be held that the plaintiff plain-tiff ha mistaken its remedy and the demurrer was sustained |
