7 Neb. 228 | Neb. | 1878
This is an action in equity relating to the revenue of the state. It is complained that under the act of February 12, 1869, the assessors of the county have, for the year 1878, made and allowed “deductions from the legal valuation and assessment of taxable property in' said county, in about the sum of one hundred and twenty thousand dollars, for the cultivation of forest and fruit trees, and if the assessment as made by said assessors is permitted to stand, and the said deductions as made by them are to be allowed by the county commissioners of said county, in making up the county assessment and tax list, and in levying and collecting taxes, then there will be about one hundred and twenty thousand dollars’ worth of taxable property in said county that will escape taxation, and the balance of the taxable property of the county will have to pay the entire tax levied in said county for state, county, and other purposes,” etc., etc. The only question presented for determination is, whether the act referred to, entitled “ An act to encourage the growth of timber and fruit trees,” is operative under the new constitution.
Section one provides “ that there shall be exempt from taxation of the property of each tax payer, who shall, within the state of Nebraska, plant and suitably culti
The decree must be that all such deductions made from the valuation and assessment of lands in said county are void and of no effect, and that the order of injunction be issued as prayed in plaintiff’s petition.
Decree accordingly.