Legal Opinion · Dissent

Delinquent Tax-List v. Territory of Arizona

Arizona Supreme Court

Decided January 17, 1894No. Civil No. 353Published

APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. R. E. Sloan, Judge. The facts are stated in the opinion.

1Dissent

ROUSE, J.,

dissenting.—I cannot concur in the opinion in this case. An “unconfirmed Mexican land grant” was listed as the property of Maish and Driscoll, and assessed. They failed to pay their taxes, and judgment therefor was rendered against them in the district court, and from that judgment they appealed. By the opinion it is declared that, inasmuch as Maish and Driscoll had not paid the taxes on the property which they owned, and which was properly assessed, even though the said unconfirmed Mexican land grant was not subject to taxes, the judgment should be affirmed. The case of Railway Co.…

2Cases cited5 opinions

  1. Railway Co. v. PrescottSupreme Court of the United States · 1873
  2. Railway Co. v. McShaneSupreme Court of the United States · 1875
  3. Colorado Co. v. CommissionersSupreme Court of the United States · 1877
  4. Northern Pacific Railroad v. PattersonMontana Supreme Court · 1890
  5. Astiazaran v. Santa Rita Land & Mining Co.Arizona Supreme Court · 1889

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