Legal Opinion

Diocese of Fargo v. County of Cass

North Dakota Supreme Court

Decided July 24, 1914PublishedCited by 7 opinions

Appeal from District Court, Cass County, Charles A. Polloclc, J. From an order overruling a demurrer to the complaint, defendant appeals.

1Opinion of the CourtFisk, J.

This is an appeal from an order of the district court of

Cass county overruling a demurrer to the complaint. The complaint embraces two causes of action for the recovery of certain moneys exacted and paid by plaintiff’s assignor as an alleged probate tax upon the estate of the late Bishop Shanley by Archbishop Ireland, the executor and sole beneficiary under the will of the late Bishop Shanley. The total amount of fees or so-called probate taxes which were exacted and paid as aforesaid is $1,110, and the same were exacted and paid pursuant to the provisions of chapter 119, Laws 1909, which…

2Cases cited22 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1884
  2. McMillan v. RichardsCalifornia Supreme Court · 1858
  3. Malin v. County of LamoureNorth Dakota Supreme Court · 1914
  4. Savings & Loan Society v. City & County of San FranciscoCalifornia Supreme Court · 1901
  5. State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889

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3Cited by7 opinions

  1. Puget Sound Alumni of Kappa Sigma, Inc. v. City of SeattleWashington Supreme Court · 1967
  2. William Clairmont, Inc. v. StateNorth Dakota Supreme Court · 1977
  3. State Ex Rel. Old Line Life Insurance v. OlsnessNorth Dakota Supreme Court · 1933
  4. In re Estate of WebbSupreme Court of Vermont · 1978
  5. In re the Appeal of PeschelNorth Dakota Supreme Court · 1942

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

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