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CITY OF DALLAS v. CRIPPEN

No. 12464.

171 F.2d 526 (1948)

CITY OF DALLAS v. CRIPPEN et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 10, 1949.

Attorney(s) appearing for the Case

Henry P. Kucera, City Atty., and John C. Ford, Asst. City Atty., both of Dallas Tex., for appellant.

Theron L. Caudle, Asst. Atty. Gen., Geo. A. Stinson, Ellis N. Slack and S. Dee Hanson, Sp. Asst. Attys. Gen., and Webster Atwell, Wm. P. Fonville, and Wm. Cantrell, Jr., Asst. U. S. Attys., all of Dallas, Tex., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.

HOLMES, Circuit Judge.

The decisive question on this appeal is whether the City of Dallas, under its charter, has a valid lien for ad valorem taxes on personal property effective from January the first of each year. Section 194 of said charter creates such a lien, but the court below held void the provision therein that said lien "shall exist from January 1st," saying that it conflicted with Article 1060 of the Revised Civil...

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