City of Lewisville v. Merritt

On Motion for Rehearing.

On another trial of this case, plaintiff will be entitled to establish the amount of taxes due by the defendant, if any, by any method fixed by law as sufficient. What was said in our original opinion was not intended as a restriction of that right. It was merely to the effect that since appellant had alleged taxes due on specified personal effects, it had the burden of showing the proper assessments of those items and the amount of taxes due thereon. Manifestly this court cannot anticipate the character of proof that may be offered on those issues and determine in advance whether the same may be sufficient to support a recovery; and therefore authorities cited in the motion for rehearing for the first time will not be discussed.

With that explanation appellant’s motion for rehearing is overruled.