Cobban v. Meagher
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by W. S. Cobban against Charles E. Meagher, as county treasurer of Silver Bow county, and another. Prom a judgment for defendants and from an order denying a new trial, plaintiff appeals. The judgment entered in the ease of Cobban v. County of Silver Bow in 1902, rendered the question of assessment and taxation of this property res adjudicata.
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Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by W. S. Cobban against Charles E. Meagher, as county treasurer of Silver Bow county, and another. Prom a judgment for defendants and from an order denying a new trial, plaintiff appeals. The judgment entered in the ease of Cobban v. County of Silver Bow in 1902, rendered the question of assessment and taxation of this property res adjudicata. The rule of law, that all matters which might have been litigated are presumed to have been litigated in an action applies in the case at bar. The decree in that cause was…
1Opinion of the CourtJustice Smith
This action was brought to restrain the defendants from collecting taxes for the years from 1903 to 1909, assessed against certain property situated in Silver Bow county. The assessment for the year 1903 reads as follows, and those for the subsequent years were substantially the same, viz.: “W. S. Cobban, for use of ground for the year 1903 formerly known as the Baboon placer, now known and located as the Mercury lode, said ground being situated on south side of Mercury street in the city of Butte, between Main street and Wyoming street, and the house upon which is numbered 38.” The property…
2Cases cited12 opinions
- Forbes v. GraceySupreme Court of the United States · 1877
- Elder v. WoodSupreme Court of the United States · 1908
- Northwestern Mutual Life Insurance v. Lewis & Clarke CountyMontana Supreme Court · 1903
- Montana Ore Purchasing Co. v. MaherMontana Supreme Court · 1905
- Cobban v. HindsMontana Supreme Court · 1899
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3Cited by4 opinions
- Anaconda Copper Min. Co. v. Ravalli CountyMontana Supreme Court · 1919
- County of Musselshell v. Morris Development Co.Montana Supreme Court · 1932
- Clark v. ClarkMontana Supreme Court · 1952
- Poore v. KaufmanMontana Supreme Court · 1911