Legal Opinion

Northern Pacific Railway Co. v. Musselshell County

Montana Supreme Court

Decided April 18, 1934No. 7,237PublishedCited by 3 opinions

1Opinion of the Court

Plaintiff brought this action to recover taxes paid under protest. Defendant filed a general demurrer to the complaint, which, after hearing, was by the court sustained. Time was allowed within which to file an amended complaint, and, none being filed, after expiration of the time for amendment, a judgment of dismissal was entered. The appeal is from the judgment.

The only question involved on this appeal is the sufficiency of the facts in the complaint to state a cause of action. Two separate causes of action are stated in the complaint. Each relates to separate taxes; both are in identical…

2Cases cited9 opinions

  1. State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
  2. Johnson v. JohnsonMontana Supreme Court · 1932
  3. Homestake Exploration Corp. v. SchoreggeMontana Supreme Court · 1928
  4. Byrne v. Fulton Oil Co.Montana Supreme Court · 1929
  5. Reed v. Woodmen of the WorldMontana Supreme Court · 1933

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State Ex Rel. Enochs v. District CourtMontana Supreme Court · 1942
  2. New Silver Bell Mining Co v. County of Lewis & ClarkMontana Supreme Court · 1955
  3. New Silver Bell Mining Co v. County of Lewis & ClarkMontana Supreme Court · 1955

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