Legal Opinion

County of Burleigh v. County of Kidder

North Dakota Supreme Court

Decided March 19, 1910PublishedCited by 6 opinions

Appeal from District Court, Burleigh county; W. H. Winchester, J. Action by Burleigh County against Kidder County. Judgment for plaintiff, and defendant appeals. Appellant being ultimately liable on the obligation, statute began to run when respondent paid it. State v. Baker County, 24 Or. 141, 33 Pac. 530; Frank v. Brewer, 54 Hun, 633, 26 N. Y. S. B 590, 7 N. Y. Supp. 182; Barnsback v. Beiner, 8 Minn. 59, Gil. 37; Bichter v. Henningsan, 110 Cal. 530, 42 Pac. 1077; Mt.

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Appeal from District Court, Burleigh county; W. H. Winchester, J. Action by Burleigh County against Kidder County. Judgment for plaintiff, and defendant appeals. Appellant being ultimately liable on the obligation, statute began to run when respondent paid it. State v. Baker County, 24 Or. 141, 33 Pac. 530; Frank v. Brewer, 54 Hun, 633, 26 N. Y. S. B 590, 7 N. Y. Supp. 182; Barnsback v. Beiner, 8 Minn. 59, Gil. 37; Bichter v. Henningsan, 110 Cal. 530, 42 Pac. 1077; Mt. Desert v. Tremont, 75 Me. 253. Statute of limitations applies to counties. 19 Am. & Eng. Enc. Law, 2d ed. p. 191. It is a…

1Opinion of the CourtCarmody, J.

The plaintiff commenced this action September 5, 1907, to recover a judgment against the county of Kidder, adjudging that said county is indebted to it for a just and equitable proportion of the bonded indebtedness of Burleigh county existing-on the 10th *30day of March, 1885, and based upon the assessment in said Burleigh county for the year 1884, and the amount of such indebtedness under the provisions of the special acts, chapters 23 and 24, passed by the legislature of Dakota territory March 10, 1885, segregating from Burleigh county townships 137-144, inclusive, in range 74, west of the…

2Cases cited42 opinions

  1. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  2. Lincoln County v. LuningSupreme Court of the United States · 1890
  3. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  4. Mobile v. WatsonSupreme Court of the United States · 1886
  5. Northern Pacific Railroad v. Traill CountySupreme Court of the United States · 1885

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3Cited by6 opinions

  1. Little v. Emmett Irrigation DistrictIdaho Supreme Court · 1928
  2. Williams v. BurnsideSupreme Court of Iowa · 1928
  3. State ex rel. Mountrail County v. AmundsonNorth Dakota Supreme Court · 1912
  4. City of Beach v. GoepfertCourt of Appeals for the Eighth Circuit · 1945
  5. Huus v. HuusNorth Dakota Supreme Court · 1947

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