Legal Opinion

Fremont, E. & M. V. Railway Co. v. Pennington County

South Dakota Supreme Court

Decided December 30, 1905PublishedCited by 6 opinions

Appeal from Circuit Court, Pennington County. Hon. Luvi McGUR,. Judge. Action by the Eremont, Elkhorn & Missouri Valley Railway Company against the county of Pennington and another. Erom the judgment rendered, plaintiff appeals.

1Opinion of the CourtHaney, J.

In September, 1899, the commissioners of the defendant county made the following, among- other, tax levies: For county general fund, 5 mills; county bridge fund, mills; support of insane, 2 mills; road fund, certain districts, 2 mills; roa'd fund, other districts, x mill; and sinking fund, 9 mills. Claiming these levies exceeded statutory limitations,_ the plaintiff tendered an amount sufficient to pay all its other taxes and 9 mills on each dol*271lar of its assessed property as county taxes,- and instituted this action to restrain the collection of any sum in-excess of such tender. During the…

2Cases cited2 opinions

  1. Wolff v. New OrleansSupreme Court of the United States · 1881
  2. Chicago & N. W. Ry. Co. v. Faulk CountySouth Dakota Supreme Court · 1902

3Cited by6 opinions

  1. State ex rel. Sharpe v. SmithSouth Dakota Supreme Court · 1931
  2. Matter of Estate of GabSouth Dakota Supreme Court · 1985
  3. Rowe v. Stanley CountySouth Dakota Supreme Court · 1928
  4. State ex rel. Faulconer v. Board of County CommissionersSupreme Court of Kansas · 1911
  5. Federal Deposit Insurance Corp. of Washington v. EnstenessSouth Dakota Supreme Court · 1942

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