The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-05-26
SIMPSON BUILDING COMPANY
SEEKS RECOVERY OF MONEY
PAID TO COUNTY TREASURER
CONTINUED from page y

Continued from page y
tion Of taxation are contained in the
petition Of the plaintiff company. In
its first cause of action, the plaintiff
company claims that the illegal levy
raises upon the property Of the plain
tiff in Carter county illegal taxes in
the sum of s1,s51.74, and that it paid
one-half of this amount 10 the defend
ant under protest. which it is claim
ing as due from the defendant COM
pany in its first cause of action.
For its second cause of action, plain
tiff company states that as shown BY
the annual estimate of the needs and
resources Of Ardmore for the fiscal
year, as made and filed by the regu-
larly constituted officers thereof with
and as approved AMI adopted by. the
county excise board, the total net
needs Of the said county !ur it's sinking
fund for said fiscal year necessary to
be raided By ad valorem taxation, in
Guiding 10 percent for delinquent taxes.
amounted to the sum of S5OO3Sl4, and
hAANN NAN NNAAANf bbdth hlu llOl Ildkt
and advertise, as required by statute,
any revision Of said estimate increas
ing said original estimate as 50 made
and filed with il.
The plaintiff further alleges that th5
county excise board, in making the tax
levy for this purpose, made a tax levy
of 2.eO mills that 1.52 mills would
have been sufficient TO have raised
money to care for the said estimated
required needs Of said municipality,
that the said levy so made by the.
board is excessive and illegal, as being
in excess OF the legally estimated needs
of the municipality 10 the extent Of
LOS mills, which raises illegal taxes
upon said property Of plaintiff com.
pany in this municipality for the cur
tent fiscal year, up to the sum OF
s533.3O
For another cause Of action. the
plaintiff company alleges that in the
annual estimate Of the fiscal veal
needs Of the municipality necessary 10
be raised by ad valorem taxation for
eaid year, the officers legally constitut-
ed for the purpose Of making up the
estimate, included an item OF estimate
and appropriation of SO, 500 plus 10 per
cent for delinquent taxes for Liberty
Board per contract" and that the
county excise board in computing and
making the levy OF said municipality
Tor said year for ad valorem taxation
adopted said item of estimate and ap-
preparation and made an ad valorer
TAX therefor Of 0S9 mill upon all prop
erty in said municipality. Plaintiff
alleges that the said appropriation is.
and at all times was, illegal and In vio-
Iation OF law and that the tax levy Of
such municipality TO the extent of the
levy for such appropriation, is in ex-
cess OF the legally estimated needs and
appropriation Of such municipality for
such year, ana is illegal and void. anl
raises upon the property Of said plain.
Iift in said municipality excessive and
illegal taxes in the sum of S165.64.
Plaintiff company further alleges thar
the real purpose Of said appropriation
was TO pay an Indebtedness OF the city
Tor the fiscal year ending June 80. 1920.
for books, the appropriation for which
such former year had been msappro-
priated and that such appropriation and
Aevy are in excess Of the estimated
needs and appropriations Of said CITY
for the fiscal year beginning July /.
1920. Upon this cause of action. alleges
the plaintiff, there is due it from the
defendant the sum of ss2.S2.
Cruce and Potter are the attorneys |
representing the plaintiff in the case. |