Legal Opinion

Village of Page v. Farmery

North Dakota Supreme Court

Decided January 4, 1915Published

Appeal from the District Court of Cass County; Pollock, J. Action to recover penalty for failure to comply with the statutory provisions relating to the poll tax. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an appeal from an order overruling a demurrer to a complaint. The action is one to recover the statutory penalty for failing to appear and to work out a poll tax.

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Appeal from the District Court of Cass County; Pollock, J. Action to recover penalty for failure to comply with the statutory provisions relating to the poll tax. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an appeal from an order overruling a demurrer to a complaint. The action is one to recover the statutory penalty for failing to appear and to work out a poll tax. The complaint is made by one J. A. Egan, who alleges that he is the road overseer for the village of Page, and the plaintiff in the action is the village. The matter was appealed from the…

1Opinion of the CourtBeucb, J.

(after stating the facts as above)., This opinion is filed .upon a rehearing. It is claimed by defendant (1) that under the provisions of § 7395, Rev. Codes 1905, § 8015, Compiled Laws of 1913, penalties can only be recovered by the party for whose benefit the recovery can be had; (2) that although §§ 1433-1435 and 1436, Rev. Codes 1905, §§ 2022 — 2024 and 2025, Compiled Laws of 1913, make provisions for the imposition of penalties in proper cases for failure to perform work at the command of a road overseer, which penalty when recovered is to be paid to the road overseer of the district, to…

2Cases cited2 opinions

  1. French v. SenateCalifornia Supreme Court · 1905
  2. In re ChopeCalifornia Supreme Court · 1896

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