Legal Opinion

First Division of St. Paul & Pacific Railroad v. City of St. Paul

Supreme Court of Minnesota

Decided May 14, 1875PublishedCited by 8 opinions

The land involved in this case, which is situate in the city of St. Paul, was assessed by the proper municipal authorities for benefits conferred upon it by the grading of No sab el street in that city, and the usual proceedings were instituted by the city, in the court of common pleas for Namsey county, to obtain a judgment against the land for the amount of the assessment. • The First Division of the St. Paul & Pacific Nailroad Co. appeared in court, claiming that it was…

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The land involved in this case, which is situate in the city of St. Paul, was assessed by the proper municipal authorities for benefits conferred upon it by the grading of No sab el street in that city, and the usual proceedings were instituted by the city, in the court of common pleas for Namsey county, to obtain a judgment against the land for the amount of the assessment. • The First Division of the St. Paul & Pacific Nailroad Co. appeared in court, claiming that it was the owner of the land, that it occupied and used, the same for the purposes of its railroad, that the land formed no part…

1Opinion of the CourtGtlfillan, C. J.

The charter under which this company holds its franchises and property, by § 18, provides: “In consideration of the grants, privileges and franchises herein conferred on the Minnesota & Pacific Nailroad Company, the said company shall and will, on or before the first day of March in each year, pay into the treasury of the territory or future state three per centum of the gross earnings of the said railroad for the year ending on the last day of the preceding December, in lieu of all taxes and assessments whatever. * * * rphe first payment shall be made on the first day of March next after…

2Cases cited1 opinion

  1. Hines v. City of LeavenworthSupreme Court of Kansas · 1865

3Cited by8 opinions

  1. Gale v. Commissioner of TaxationSupreme Court of Minnesota · 1949
  2. City of St. Paul v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1877
  3. State ex rel. Village of Clara City v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
  4. Paving District v. Sisters of MercySupreme Court of Arkansas · 1908
  5. Patterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1906

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