Tietjen v. Heberlein
Montana Supreme Court
Appeals from District Cowrt, Lewis and Clark County; J. M. Clements, Judge. Action by August Tietjen against Lena Heberlein. From a judgment for plaintiff and an order denying her a new trial, defendant appeals.
1Opinion of the CourtJustice Holloway
This action was brought to recover the amount of a succession tax required by the laws of British Columbia. Plaintiff is one of the executors of the last will of William Tietjen, deceased, and the residuary legatee under the will. Defendant is also a beneficiary under the will. Plaintiff alleges that on June 6, 1911, he paid the succession tax as he was required by law to do; that the payment was made for the use and benefit of defendant, and that no part of the tax has been repaid. This action was commenced on July 22, 1914. Among other defenses interposed was the plea of the bar of the…
2Cases cited1 opinion
- Schaeffer v. MillerMontana Supreme Court · 1910
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- Williams v. Zortman Mining, Inc.Montana Supreme Court · 1996
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