Legal Opinion

Northern Pacific Railway Co. v. Morton County

North Dakota Supreme Court

Decided December 13, 1915PublishedCited by 7 opinions

Cross Appeals from the District Court of Morton County, Nuessle, Special Judge. A contemporaneous and practical construction of either a constitution or a statute is entitled to great, if not controlling, weight. Cooley, Const.

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Cross Appeals from the District Court of Morton County, Nuessle, Special Judge. A contemporaneous and practical construction of either a constitution or a statute is entitled to great, if not controlling, weight. Cooley, Const. Lim. 4th. ed. pp. 81-86; Gaar-S. & Co. v. ¡3oxum, 11 N. D. 164, 90 N. W. 799; Wiles v. McIntosh County, 10 N. D. 594, 88 N. W. 710; Northern P. 17. Co. v. Barnes, 2 N. D. 310, 51 N. W. 386; Barrett v. Stutsman County, 4 N. D. 175, 59 N. W. 964; State ex rel. Edgerly v. Cunde, 3 N. D. 310, 55 N. W. 858; State ex rel.' McOue v. Blaisdell, 18 N. D. 31, 119 N. W. 360. The…

1Opinion of the CourtGoss, J.

This is in form an action to quiet title to three tracts of land included within the limits of the right of way of plaintiff company through said county. The object sought is to have declared void a tax levied in 1914 as for- property then and prior years omitted from taxation. Three different classes of sites have thus been taxed, via., an elevator site, a lumber-yard site, and an oil-tank station site. The lumber and oil companies interested have also filed briefs and appear by separate counsel. The case was tried upon stipulated facts. The judgment canceled the lien and the tax as to the…

2Cases cited14 opinions

  1. Williams v. City of TalladegaSupreme Court of the United States · 1913
  2. Harvey Coal & Coke Co. v. DillonWest Virginia Supreme Court · 1905
  3. People v. International Salt Co.Illinois Supreme Court · 1908
  4. United New Jersey Railroad v. Mayor of Jersey CitySupreme Court of New Jersey · 1892
  5. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Douglas CountyWisconsin Supreme Court · 1915

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3Cited by7 opinions

  1. In Re Real Estate Tax Exemption for Black Hills Legal Services, Inc.South Dakota Supreme Court · 1997
  2. Mueller v. Mercer CountyNorth Dakota Supreme Court · 1953
  3. Nowling v. BNSF RAILWAYNorth Dakota Supreme Court · 2002
  4. Tax Appeal of Black Hills Legal ServicesSouth Dakota Supreme Court · 1997
  5. Associated School Boards of South Dakota, Inc. v. Hughes CountySouth Dakota Supreme Court · 2002

2 more not listed; retrieve them via the Exa API.

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