Legal Opinion

Chicago, St. P., M. & O. Ry. Co. v. Mundt

South Dakota Supreme Court

Decided February 28, 1930No. File No. 6964PublishedCited by 13 opinions

1Opinion of the CourtCampbell, J.

Section 6826, R. C. 1919 (originating as section 1, c. 289, Laws 1915), provides as follows:

“Payment Under Protest. Any person against whom any tax is levied or who may be required to pay the same, who pays the same under protest to the treasurer authorized to collect the same, giving notice at the time of payment of the reasons for such protest may, at any time within thirty days thereafter, commence an action against such treasurer for the recovery thereof in any court of competent jurisdiction, and if the court determines that the same was wrongfully collected, in whole or in part, for any…

2Cases cited2 opinions

  1. Schlesinger v. StateWisconsin Supreme Court · 1928
  2. Zimmerman v. Corson CountySouth Dakota Supreme Court · 1917

3Cited by13 opinions

  1. Yancey v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1942
  2. General Mills, Inc. v. StateSupreme Court of Minnesota · 1975
  3. Chicago and North Western Railway Co. v. SchmidtSouth Dakota Supreme Court · 1970
  4. Holdcroft v. MurphySouth Dakota Supreme Court · 1939
  5. Williams v. HarveyMontana Supreme Court · 1931

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