Legal Opinion

Maltby v. Tautges

Supreme Court of Minnesota

Decided June 22, 1892PublishedCited by 18 opinions

Appeal by plaintiffs, F. C. Maltby, James A. Smith, and D. L. Thompson, from an order of tbe District Court of Dakota County, Crosby, J., made November 6, 1891, sustaining a demurrer to their complaint. Plaintiffs, on October 9, 1891, brought this action, as taxpayers, against defendant, M. C. Tautges, as County Auditor of Dakota County, to enjoin him from including in the tax rolls of that year a tax to pay a third of the $7,000 bonds issued by Dakota County under Sp.

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Appeal by plaintiffs, F. C. Maltby, James A. Smith, and D. L. Thompson, from an order of tbe District Court of Dakota County, Crosby, J., made November 6, 1891, sustaining a demurrer to their complaint. Plaintiffs, on October 9, 1891, brought this action, as taxpayers, against defendant, M. C. Tautges, as County Auditor of Dakota County, to enjoin him from including in the tax rolls of that year a tax to pay a third of the $7,000 bonds issued by Dakota County under Sp. Laws 1889, ch. 197, § 3, as amended by Sp. Laws 1891, ch. 359. At the time of issuing the bonds on July 27, 1891, the Board…

1Opinion of the CourtMitchell, J.

This action was brought to enjoin the defendant, as county auditor, from extending a certain tax on the tax lists. The only question raised on this appeal, which is from an order sustaining a demurrer to the complaint, is the constitutionality of this tax.

Sp. Laws 1889, ch. 197, as amended by Sp. Laws 1891, ch. 359, authorized the board of county commissioners of Hennepin county to issue and sell $50,000 of county bonds, and expend the proceeds in constructing a bridge over the Minnesota river, (and approaches thereto,) on the boundary between Hennepin and Dakota counties; the bridge to be…

2Cases cited1 opinion

  1. Guilder v. Town of OtsegoSupreme Court of Minnesota · 1873

3Cited by18 opinions

  1. Herndon v. AndersonSupreme Court of Oklahoma · 1933
  2. Shibley v. Fort SmithSupreme Court of Arkansas · 1910
  3. Charlotte Harbor & Northern Railway Co. v. WellesSupreme Court of Florida · 1919
  4. Lifteau v. Metropolitan Sports Facilities CommissionSupreme Court of Minnesota · 1978
  5. Hamilton v. Portland Pier Site DistrictSupreme Judicial Court of Maine · 1921

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