Legal Opinion

State v. Baldwin

Supreme Court of Minnesota

Decided November 22, 1895No. Nos. 9813-9811-9812-(102-100-101)PublishedCited by 17 opinions

Three separate proceedings in the district court for Hennepin county to enforce payment of taxes on real estate. The cases were tried together before Jamison, J., and were separately certified to the supreme court. Defendant’s motion to strike the proceedings from the calendar should have been granted. The clerk’s register is one of the records of the court. Gr. S. 1894, § 861. Defendant’s motion to dismiss should have been granted.

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Three separate proceedings in the district court for Hennepin county to enforce payment of taxes on real estate. The cases were tried together before Jamison, J., and were separately certified to the supreme court. Defendant’s motion to strike the proceedings from the calendar should have been granted. The clerk’s register is one of the records of the court. Gr. S. 1894, § 861. Defendant’s motion to dismiss should have been granted. The statute looks to an immediate trial at the next general or special term. G-. S. 1894, §§ 1586-1589. The statute is mandatory. Brown v. Hogle, 30 111. 119. ■…

1Opinion of the CourtMitchell, J.

This proceeding was commenced January 20,1887, by filing in the office of the clerk of the district court a list of taxes on real estate for the year 1885, in which list a tract owned by R. J. Baldwin was charged with taxes for the year 1885, together with those for 1877,' 1878, 1§79, 1880,1881, and 1883; added thereto in one gross sum of over $2,500, without specifying the amount for any particular year. Baldwin answered March 15, 1887, denying the assessment or levy of any taxes on the land except for 1885. The register of actions kept by the clerk of the court contains this entry in the…

2Cases cited4 opinions

  1. Farnham v. JonesSupreme Court of Minnesota · 1884
  2. Knudson v. CurleySupreme Court of Minnesota · 1883
  3. Mulvey v. TozerSupreme Court of Minnesota · 1889
  4. Croswell v. BentonSupreme Court of Minnesota · 1893

3Cited by17 opinions

  1. Galusha v. WendtSupreme Court of Iowa · 1901
  2. Shelby-Downard Asphalt Co. v. EnyartSupreme Court of Oklahoma · 1918
  3. Fitzpatrick v. Simonson Bros. Manufacturing Co.Supreme Court of Minnesota · 1902
  4. Butte & Superior Mining Co. v. McIntyreMontana Supreme Court · 1924
  5. Wade v. MurrheeSupreme Court of Florida · 1918

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