Pool v. Town of Townsend
Montana Supreme Court
Appeal from District Court, Broadwater County, in the Fourteenth Judicial District; B. Lee Word, a Judge of the First District. Suit by G. E. Pool against the Town of Townsend and B. Williams, Treasurer of Broadwater County, to restrain the collection of taxes. Judgment for plaintiff, 'and defendants appeal. The town council of Townsend intended the resolution of May 13, 1913, to be a resolution of intention, and acted upon it as such.
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Appeal from District Court, Broadwater County, in the Fourteenth Judicial District; B. Lee Word, a Judge of the First District. Suit by G. E. Pool against the Town of Townsend and B. Williams, Treasurer of Broadwater County, to restrain the collection of taxes. Judgment for plaintiff, 'and defendants appeal. The town council of Townsend intended the resolution of May 13, 1913, to be a resolution of intention, and acted upon it as such. The omission of the words “of intention” after the word “resolution,” in the caption of the resolution, was at the best a mere informality, as there is nowhere…
1Opinion of the CourtJustice Holloway
delivered the opinion of the court.,
This suit was instituted to secure an injunction restraining the town of Townsend and the county treasurer, as ex-officio collector of taxes for the town, from enforcing the payment of a tax to defray the expense of certain special improvements made pursuant to proceedings taken by the town council in 1913. Plaintiff alleges that he is, and at the time special improvement district No. 4 was sought to be created was, the owner of fractional lots 5, 6, 7 and '8 in block 17, Original town site of Townsend, with an area of 14,069 square feet. The history of…
2Cases cited3 opinions
- Kaufman v. City of ButteMontana Supreme Court · 1914
- Farlin v. HillMontana Supreme Court · 1902
- Harvey v. Town of TownsendMontana Supreme Court · 1920
3Cited by12 opinions
- Scilley v. Red Lodge-Rosebud Irrigation DistrictMontana Supreme Court · 1928
- Gregg v. Whitefish City CouncilMontana Supreme Court · 2004
- Gregory v. City of ForsythMontana Supreme Court · 1980
- City of Maud v. Tulsa Rig, Reel & Mfg. Co.Supreme Court of Oklahoma · 1933
- Lumbermen's Trust Co. v. Town of RyegateCourt of Appeals for the Ninth Circuit · 1932
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