Chauvin v. Valiton
Montana Supreme Court
Appeal from District Court, Silver Bow County. Is the license-lien law (Rev. Stats., p. 579, sec. 81G) valid and constitutional? Our statute does not go to the extent of a forfeiture, but only to that of a lien, for a specified amount. Such lien upon property “ held and used ” in the licensed business is good. Sears v. Cottrell, 5 Mich. 251; Sheldon v. Van Buskirk, 2 N. Y. 473-478; Dungan’s Appeal, 68 Pa. St. 204; 8 Am. Rep. 169; Cooley’s Const.
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Appeal from District Court, Silver Bow County. Is the license-lien law (Rev. Stats., p. 579, sec. 81G) valid and constitutional? Our statute does not go to the extent of a forfeiture, but only to that of a lien, for a specified amount. Such lien upon property “ held and used ” in the licensed business is good. Sears v. Cottrell, 5 Mich. 251; Sheldon v. Van Buskirk, 2 N. Y. 473-478; Dungan’s Appeal, 68 Pa. St. 204; 8 Am. Rep. 169; Cooley’s Const. Law, 479, 480; Bennett v. Hunter, 9 Wall. 326. The tax list has the force of an execution in the hands of the collector. Burroughs on Taxation, 269.…
1Opinion of the CourtBach, J.
The plaintiff brought this action in the district court, Silver Bow County, to recover the possession of a piano, or the value thereof, which he asserts was unlawfully taken and detained by the defendant. Trial resulted in a verdict for the defendant; the plaintiff moved for a new trial.
Defendant appeals from the order granting the new trial.
The defendant bases his right upon a sale to him of the piano, which sale was had for the purpose of collecting an unpaid license, for which one Harry Osborne was liable, he having been engaged in the retail liquor business in said county, and not having…
2Cases cited1 opinion
- Treat v. LiddellCalifornia Supreme Court · 1858
3Cited by6 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- Landsman v. ThompsonMontana Supreme Court · 1890
- Kircher v. ConradMontana Supreme Court · 1890
- State v. TeslaMontana Supreme Court · 1924
- Kilby v. BakerMontana Supreme Court · 1890
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