Beck v. Holland
Montana Supreme Court
On rehearing. STATEMENT OE TJIE CASE. The appeal in this action was heretofore dismissed (28 Mont. 460, 12 Pae. 972), but upon application was reinstated, the appellants! granted leave to- file an amended transcript, and the cause then heard on its merits. The action was brought to restrain the countyi treasurer of Silver Bow county from selling certain real estate for alleged delingnent taxes.
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On rehearing. STATEMENT OE TJIE CASE. The appeal in this action was heretofore dismissed (28 Mont. 460, 12 Pae. 972), but upon application was reinstated, the appellants! granted leave to- file an amended transcript, and the cause then heard on its merits. The action was brought to restrain the countyi treasurer of Silver Bow county from selling certain real estate for alleged delingnent taxes. The complaint alleges that prior to July 12, 1893, the city of Butte attempted to lay out and establish'an alleyway through Mock 31, townsite of Butte, extending from Bark street to Galena, street;…
1Opinion of the Court
MB. JUSTICE. HOLLOWAY,,
after stating the case, delivered tbe opinion of the court.
Appellants urge in this court: (1) That the tax was prematurely certified to the county treasurer; (2.) that the omission of certain property, which it is alleged was benefited by the improvement, vitiates, the entire assessment; (3) that the adoption of the frontage' rule of valuation renders the assessment void; and (4) that the assessment is void for the reason that the city did not own the alleywiay at the time the assessment ■was made.
1. Appellants concede that the validity of the assessment is to be…
2Cases cited5 opinions
- People v. LynchCalifornia Supreme Court · 1875
- Danforth v. LivingstonMontana Supreme Court · 1900
- City of New Whatcom v. Bellingham Bay Improvement Co.Washington Supreme Court · 1896
- Delaware & Hudson Canal Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
- President, Etc., of Delaware & H. Canal Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
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- Crawford v. City of BillingsMontana Supreme Court · 1956