Legal Opinion

Flowerree Cattle Co. v. Lewis & Clark County

Montana Supreme Court

Decided July 14, 1905No. 2,126PublishedCited by 6 opinions

Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. Action by the Flowerree Cattle Company, a corporation, against the county of Lewis and Clark and others. From a judgment for plaintiff, defendants appeal.

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Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. Action by the Flowerree Cattle Company, a corporation, against the county of Lewis and Clark and others. From a judgment for plaintiff, defendants appeal. Under a statute of Colorado, very similar to ours, the supreme court of Colorado held that stock ranging in a county on the 1st of May is legally assessable in that county, and.the fact that the owner sees fit to make return of- such stock to the assessor of the county in which he lives and to which the stock is each year driven back to the “home ranch,” affords him…

1Opinion of the CourtJustice Holloway

delivered the opinion of the court..The Flowerree Cattle Company is a domestic corporation engaged in the livestock business in Teton county, where it maintains its headquarters, where its real estate is situate, and where its business manager and foreman reside. It keeps large numbers of range cattle, which graze in Teton county and also in Choteau county. In the fall of 1903 this company brought into Lewis and Clark county, as was its custom, about two thousand seven hundred head of weak stock, consisting of cows, calves, and bulls, and seventy-seven head of saddle horses, to be winter-fed…

2Cases cited5 opinions

  1. St. Louis v. Ferry Co.Supreme Court of the United States · 1871
  2. Hays v. the Pacific Mail Steam-Ship Co.Supreme Court of the United States · 1855
  3. People v. NilesCalifornia Supreme Court · 1868
  4. Barnes v. WoodburyNevada Supreme Court · 1883
  5. Pierce v. EddyMassachusetts Supreme Judicial Court · 1891

3Cited by6 opinions

  1. State ex rel. Rankin v. HarringtonMontana Supreme Court · 1923
  2. Ford Motor Co. v. LinnaneMontana Supreme Court · 1936
  3. Coburn Cattle Co. v. SmallMontana Supreme Court · 1907
  4. Peterson v. Granite CountyMontana Supreme Court · 1926
  5. O'Brien v. RossMontana Supreme Court · 1964

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