Great Northern Railway Co. v. County of Grand Forks
North Dakota Supreme Court
From a judgment of tbe District Court of Grand Forks County, Oooley, J. There is no allegation that the assessments are unfair, unjust, excessive, or inequitable. Even if they were, equity furnishes no relief or ground for restraining collection or securing cancelation of the assessments and taxes. Comp. Laws 1913, § 2240, subd. 5; Holland v. Baltimore, 69 Am.
Read the full summary
From a judgment of tbe District Court of Grand Forks County, Oooley, J. There is no allegation that the assessments are unfair, unjust, excessive, or inequitable. Even if they were, equity furnishes no relief or ground for restraining collection or securing cancelation of the assessments and taxes. Comp. Laws 1913, § 2240, subd. 5; Holland v. Baltimore, 69 Am. Dec. 199, note, and authorities cited; State v. Duluth Gas & Water Co. 76 Minn. 96, 57 L.R.A. 63, 78 N. W. 1032; Frost v. Flick, 1 Dak. 139, 46 N. W. 508. If the tax is in itself a legal one, and the property on which it is levied…
1Opinion of the CourtPurr, District J.
This is an appeal by tbe defendants from tbe judgment of tbe district court of Grand Forks county, quieting title in plaintiffs to certain lands as against certain alleged taxes levied and assessed against said land. Tbe complaint is in tbe usual statutory form set out in § 8147, Comp. Laws 1913; and tbe defendants, in their answer, set up tbe levy and assessment of these taxes. Tbe plaintiffs Nash Brothers, a corporation, and Swift & Company, a corporation, leased from tbe Great Northern Railway Company, a corporation, certain real property, to be used for nonrailway purposes, and it appears…
2Cases cited5 opinions
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Sheets v. PaineNorth Dakota Supreme Court · 1901
- County of Grand Forks v. FrederickNorth Dakota Supreme Court · 1907
- Northern Pacific Railway Co. v. Morton CountyNorth Dakota Supreme Court · 1915
- Northwestern Improvement Co. v. Oliver CountyNorth Dakota Supreme Court · 1917
3Cited by2 opinions
- Montgomery v. Town of BranfordSupreme Court of Connecticut · 1928
- Jackson v. HarrisNevada Supreme Court · 1947