Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 288
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288 MILLAR v. DOUGLASS. [Term of
Statement of the case.
be in his possession, or so much as may be sufficient to satisfy
the judgment of the plaintiff and costs.
The petition shows no equity against Corley's judgment, the
papers were lost, and for anything that appears, a demand may
have been made for the cotton, as directed to be done by the
statute, but there are no averments in regard to any demand,
and no offer to account for the cotton, and without such averments,
if the plaintiff could otherwise maintain his suit, there
could be no merit in his application to reopen the judgment to
enable him to make a defense which should have been made
on the trial of the cause, or if made, and not allowed by the
court, should have been corrected, if erroneous, by another
remedy and not by injunction.
As the case is presented, we are of opinion that there was
io error in dissolving the injunction and dismissing the petition,
and the judgment is affirmed.
JOHN C. MILLAR V. RICHD. DOUGLASS.
1. EXTORTION. To incur the penalty of the statute against extortion, the
officer must, while acting under color of law, have knowingly demanded
a greater sum than was authorized by statute.
2. TAXES. Under the Act of Nov. 10, 1866 (Paschal's Digest, 7486), taxes are
not dependent on the amount of gross sales, but on the income derived
from sales of goods made in excess of their cost, after deducting from
the income or profits the expenses, etc., allowed by statute.
APPEAL from Houston. Tried below, before the Hon. R. S.
Nunn & Williams, for appellant.
Moore c& Spence, for appellee.
Suit brought by Miller to recover damages for extorting
from him, as he alleged, ninety-four dollars, under the income
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/296/: accessed June 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .